손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts do not conflict between the Parties:
On January 3, 2016, the Plaintiff left the rent of his C vehicle (hereinafter “instant vehicle”) to the Three Deputy Commissioner of the Defendant’s Operation.
B. After the rent, the Plaintiff asserted that the defect occurred on the part of the instant vehicle due to the minor negligence of the Defendant’s employees, and demanded compensation therefor.
2. Judgment on the plaintiff's assertion
A. The Defendant’s mistake caused defects in the instant vehicle. Accordingly, the Plaintiff suffered damages equivalent to KRW 1,398,00,000, total of KRW 600,000, and KRW 798,000 during the repair period (=600,000, KRW 798,000).
Therefore, the defendant is liable to compensate the plaintiff for the damages.
B. The written evidence No. 5 alone is insufficient to recognize that the defect in the instant vehicle occurred to the third party by the Defendant (employee of the Defendant). Since there is no other evidence, the Plaintiff’s claim is rejected without need to examine the remainder.
3. In conclusion, the Plaintiff’s claim of this case is not correct, and thus, it should be dismissed.
The judgment of the court of first instance is justifiable in its conclusion, and it is so decided as per Disposition by the assent of all participating Justices on the bench.