손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Basic facts
A. The Plaintiff, together with Nonparty B, is a person who jointly operates Dgas filling stations in Siri-si C (hereinafter “instant gas filling stations”).
B. On August 3, 2015, at around 16:49, the Defendant’s business taxi driver E driven the said vehicle to a tunnel-type automatic washing machine in the instant gas filling station (hereinafter “instant automatic washing machine”) and entered the said vehicle (hereinafter “instant vehicle”). As such, there was an accident that the said vehicle is proceeding in the future and shocking the string of the automatic washing machine (hereinafter “instant accident”).
C. The Plaintiff received repair of the instant chassis from Korea Forest Machinery Co., Ltd., a manufacturer of the instant scrap metal, and paid KRW 4.7 million as repair costs.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3, and 4 and the purport of the whole pleadings
2. The Defendant’s judgment on the instant safety defense is the representative of the instant gas filling station B, and the Plaintiff is not a person who is not qualified as the representative of the instant gas filling station, and thus, the instant lawsuit is inappropriate, or the Defendant delegated the compensation business related to the instant accident to the National Taxi Mutual Aid Association. Thus, the instant lawsuit against the Defendant is unlawful.
On the other hand, in a lawsuit for performance, the plaintiff has standing to sue in the lawsuit for performance, and the existence of the right to sue in substantive law is a matter of determination on the merits. The defendant's standing to sue in the lawsuit for performance is also identical to the plaintiff's claim itself, and the judgment is absorbed in the judgment of the propriety of the claim, and thus the person alleged as the obligor becomes a legitimate defendant. Thus, the defendant's defense
3. Judgment on the merits
A. The plaintiff alleged by the parties concerned, the accident of this case is set off in the automatic set of vehicles E in this case.