손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Basic facts
A. On April 2014, the Defendant: (a) was engaged in the repair business of agricultural machinery in the name of “E” and (b) was installed with the Plaintiff’s request on the part of the Trake O (power withdrawal devices) which is attached to the front part of the Tracter and used the power of the Tracter (hereinafter “instant parts”) and was paid KRW 9.5 million on April 18, 2014 at the Plaintiff’s expense for installation and parts.
B. Around April 2015, the Plaintiff requested repair of the instant parts to the Defendant, and the Defendant repair them without compensation, and the Plaintiff, around April 14, 2015, transported the instant parts to the factory located in the city of the Defendant.
C. The Defendant, while keeping the instant box as above, used D without the Plaintiff’s permission for three days from May 7, 2015 to May 9, 2015, and returned the instant box to the Plaintiff on May 10, 2015.
On June 23, 2015, the Defendant was indicted in summary by the Gwangju District Court Decision 2015 High Court Decision 201Da68777, and received a summary order of KRW 1 million from the above court on the above act. The above summary order became final and conclusive around that time.
[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, and 3 items, each entry, the result of the dispatch of documents to the first instance public prosecutor's office, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion: ① Damage 22,527,00 won (=the cost of installing the instant parts and the cost of installing the parts) incurred on or around June 2014 due to the breakdown of the instant parts, including the cost of installing the instant parts and the cost of parts, KRW 9.5 million (the cost of repairing the instant parts) incurred on or around June 2014 by the Defendant, and KRW 10,000,000,000, including the cost of using the instant parts instead of other parts (the cost of using the instant parts for 2,677,000 won).