채무부존재확인
1. Regarding the accident described in the separate sheet, 8,657,425 won and its damages liability against the Defendant.
1. The facts subsequent to the facts do not conflict between the parties, or can be found in view of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence Nos. 3 to 9 (including additional numbers).
The Plaintiff is a person operating the “D gas station” in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant is the owner of E FuW 307SW HDi Vehicle (hereinafter “instant vehicle”).
B. On September 13, 2015, around 20:26, the Defendant requested the above gas station to oil of KRW 50,000 after stopping. The Plaintiff’s employees caused an accident of gasing gasoline on the Defendant’s vehicle, which is a vehicle via transit (hereinafter “instant mixed vehicle”).
C. The Defendant, while driving 7 km after the instant mixed vehicle, stopped as a vehicle in the vicinity of Mapo-gu 2-dong, Mapo-gu.
On September 14, 2015, the Defendant spent 14,000 won for towing fees on September 14, 2015, and requested F to repair the vehicle around September 16, 2015, and paid 9,05,750 won for repair costs by requesting F to repair the vehicle.
In addition, from September 14, 2015 to November 19, 2015, the Defendant leased the vehicle of 232,000 daily rent for 66 days and paid the lending fee of KRW 10,718,40 (30% reduction) in total.
2. Determination:
A. According to the facts of recognition as above, the instant mixed high school is liable for damages caused by the negligence of the Plaintiff’s employees who violated the duty of care to pay attention after confirming the type of fuel used by the vehicle subject to oil, selecting fuels suitable therefor, and ascertaining whether the fuel is diesel or gasoline. Thus, the Plaintiff is liable to compensate for the damages caused by the instant mixed high school as the employer.
B. The limitation of liability for damages: (a) since gasoline vehicles, which are similar to the instant vehicle and its appearance, are likely to be mistaken for gasoline vehicles, the kind of oil shall be clearly notified prior to oiling.