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(영문) 부산지방법원 2017.06.08 2016나11766

자가용하자수리비반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Of the Plaintiff’s instant claims, the court of first instance, which limited the scope of the subject matter to be tried, dismissed the Plaintiff’s claim for repair costs and for public transportation costs as indicated below, and accepted the claim for additional repair costs. Since only the Defendant appealed on the part against which the claim was lost, the scope of the judgment in the trial on the party is limited to the Plaintiff’s

2. Basic facts

A. The Plaintiff is the owner of C Newmaz car (hereinafter referred to as “Plaintiff”), and the Defendant is the person who maintains the automobile with the trade name “E” in Busan Suwon-gu.

B. On February 2, 2016, the Plaintiff requested the Defendant to repair short oil of the Plaintiff’s vehicle (86,570km at the time) (hereinafter “the instant primary repair”); the Defendant, after performing an operation such as the replacement of engine errors, the replacement of dropic wave, and the dropic seal replacement, etc., paid 30,000 won for repair (= KRW 286,123,123, KRW 116,600 - discount amount - KRW 102,723).

C. Nevertheless, as the Plaintiff’s fuel continuously occurred on May 30, 2016, the Plaintiff again requested repair of the Plaintiff’s fuel (hereinafter “the second repair”). On May 30, 2016, the Defendant was paid 300,000 won for the repair cost (i.e., part cost of KRW 131,494 technical fees - KRW 229,600 - discount amount of KRW 61,094).

After the second repair of the Plaintiff’s vehicle, the Plaintiff continued to repair the vehicle without compensation from June 8, 2016 to June 22, 2016, but the Defendant rejected the request.

On June 24, 2016, the Plaintiff (i.e., repair cost of KRW 486,970 (i.e., part cost of KRW 302,500), and (ii) has received repair, such as replacement of air conditioners (hereinafter referred to as “instant additional repair”), and thereafter a phenomenon of leakage occurs.