A. The Defendant is the owner who operates Cocker 300C vehicles using light oil as fuel (hereinafter “instant vehicle”). From December 30, 1998 to December 30, 1998, the Plaintiff is the business operator who operates the E stations located in Seo-gu, Daejeon (hereinafter “instant gas stations”).

B. On July 17, 2012, around 18:49, the Defendant requested a gas station of the instant vehicle at the gas station. The Plaintiff’s employee F misleads the instant vehicle to use gasoline and provided approximately 10.8 liters on the said vehicle.

As a result, an accident involving the mixture of diesel remaining in the instant vehicle and the new main gasoline in the instant vehicle (hereinafter “instant mixed vehicle”) occurred.

C. The Defendant did not mention the type of the instant vehicle at the time of the instant request for oil, but did not mention the type of the instant vehicle. After driving 200 meters of the instant mixed oil, the Defendant knew the Plaintiff that the instant vehicle was similar to the instant mixed oil.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the facts acknowledged as above, F, an employee of the Plaintiff, verified the kind of fuel of a vehicle being used in the oil station as a person engaged in the oil station, and had a duty to pay fuel suitable therefor, but, in violation of the duty to pay fuel, erred by misapprehending the duty to pay gasoline to the instant vehicle using light oil as fuel. Accordingly, the instant mixed oil accident occurred.

As such, the plaintiff is the user of the above F, and is responsible for compensating the defendant for the damages caused by the confusion of this case as the user of the above F.

B. Limitation of liability for damages: (a) the following circumstances, which can be known by considering the following: Gap evidence Nos. 6 and 10, witness F and G testimony, and fact-finding results of this court's H gas station's fact-finding results, i.e., the whole purport of the pleadings: