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(영문) 인천지방법원 2014.10.02 2014나8318

수리비 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant requested repair of CMW 318i vehicles (hereinafter “instant vehicle”) to the Plaintiff on or around May 2010, and the fact that the Plaintiff completed the repair of the said vehicle and claimed KRW 12,690,000 for the repair cost to the Defendant on or around August 2010 does not conflict between the parties. Thus, the Defendant is liable to pay the repair cost and the delayed payment to the Plaintiff, barring any special circumstance.

As to this, the defendant's defense that the above repair expense claim of the plaintiff was extinguished by prescription, the above repair expense claim of the defendant constitutes a claim under Article 163 subparagraph 3 of the Civil Code, and thus, the short-term extinctive prescription of three years is applied. Since the fact that the plaintiff filed the lawsuit in this case on December 9, 2013, which was three years after the completion of the above repair, is apparent in the record, the above repair expense claim of the defendant expired by prescription.

Therefore, the defendant's defense pointing this out is justified.

2. Although the Plaintiff completed the repair of the vehicle of this case, the Defendant asserted that the Defendant should pay the Plaintiff the above storage fees and its delay damages, since the Defendant did not take over the vehicle of this case, and thus, the Defendant should pay the Plaintiff the above storage fees and its delay damages. However, the Plaintiff’s above assertion is without merit, since it is difficult to believe that the Plaintiff stated the evidence No. 2 as corresponding thereto, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair in conclusion, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.