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(영문) 서울남부지방법원 2015.04.08 2014가단58553

손해배상(기)

Text

1. The Defendant’s KRW 940,000 and the Plaintiff’s annual interest thereon from November 7, 2014 to April 8, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of C Food Vehicles using light oil as fuel (hereinafter “instant vehicle”), and the Defendant is the business operator operating E station located in Yangcheon-gu Seoul Metropolitan Government D (hereinafter “instant gas station”).

B. On August 30, 2014, the Plaintiff requested a gas station in the instant case to provide gas to the instant vehicle, and F, an employee of the Defendant, provided gasoline in a state where the operation of the instant vehicle was suspended on the temporary basis.

(hereinafter “instant mixed high school”). C.

F, as seen above, when it became aware that the appearance of the instant vehicle had been mixed after inserting about 2 liters during about 4 seconds of the oil, the F immediately suspended gasing. D.

On the date of the occurrence of the instant mixed and similar vehicle, the Plaintiff requested the maintenance of the Siionter motor vehicle maintenance center located in Seongdong-gu Seoul, and the said maintenance center was replaced by engine repair, fuel tank, fuel pen, fuel pen, projector, high voltage pumps, etc., and claimed KRW 4,743,860 with the repair cost. The instant vehicle was repaired on October 1, 2014 and released from the said maintenance center.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the result of appraisal of appraiser G and the fact-finding result, the purport of the whole pleadings

2. According to the facts of the recognition of the liability for damages, in the gas station, the person engaged in the gas station is obliged to verify the kind of fuel used by the vehicle subject to oil, choose the fuel suitable therefor, verify whether the fuel of the gas station is light oil or gasoline, and then in the instant vehicle with the duty of care to pay it. However, F injects the gasoline into the instant vehicle without properly verifying it, and due to the above mistake of F, it is reasonable to view that the instant mixed oil accident occurred, and thereby, the instant vehicle was damaged.

Therefore, it is true.