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(영문) 부산지방법원서부지원 2019.12.10 2018가단104748

손해배상(기)

Text

1. The Defendant’s KRW 21,862,020 as well as the Plaintiff’s annual rate from May 31, 2018 to December 10, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Cbuf passenger cars using light oil as fuel (hereinafter “instant vehicle”) and the Defendant is the person who operates the E station located in Jinhae-gu, Changwon-si (hereinafter “instant gas station”).

나. 원고가 2018. 2. 11. 18:00경 주유하기 위하여 이 사건 주유소 경유 주유기 앞에 이 사건 차량을 정차하고 시동을 끈 다음 이 사건 주유소 직원인 F에게 경유를 넣어달라며 주유카드를 건넸음에도, F은 이 사건 차량에 휘발유 약 38리터를 주유하였다

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

F was aware of the fact of mixing immediately after the instant mixture, and notified the Plaintiff thereof, and requested the Plaintiff to conduct the detailed work, which is the fuel tank and fuel supply called the instant vehicle, and the Plaintiff was handed over the instant vehicle that was completed on February 12, 2018.

On February 16, 2018, the Plaintiff suspended the engine of the instant vehicle while driving the instant vehicle, and returned the instant vehicle to the PEP Special Repair Center on February 18, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is liable to compensate the Plaintiff for totaling KRW 57,658,050,000,000,000 for the repair cost of the instant vehicle, which is the damage incurred to the Plaintiff due to the instant congestion, including KRW 42,928,050,00 due to the decline in the market price of the instant vehicle, and KRW 10 million due to the Plaintiff’s impossibility to operate the instant vehicle, and KRW 4730,00,000,00,00

B. According to the facts of recognition as above, F, an employee of the gas station of this case, confirms fuel used by the oil station, who is an employee of the oil station of this case, and uses light oil as fuel in the vehicle of this case in violation of the duty of care to pay fuel.