Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. On September 30, 2015, the Plaintiff: (a) requested the Plaintiff to exchange the engine error of DMW car owned by the Plaintiff (hereinafter “instant automobile”); and (b) paid KRW 303,000 to the Defendant the engine error exchange cost.

B. After October 7, 2015, the Plaintiff requested repair of the instant vehicle to a maintenance business entity on November 2, 2015, on the following grounds: (a) the Plaintiff spent KRW 3,822,50,000 for the guarantee repair cost; and (b) the rental fee of KRW 1,650,000 incurred during the repair period.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. After the Plaintiff’s motion for engine error exchange, the accident occurred that the starting operation of the instant vehicle occurred, and due to the damage of the instant vehicle, KRW 3,822,50, and KRW 1,650,000 were paid due to the damage of the instant vehicle, and the cause of the said damage was caused by the Defendant’s engine error excessive replacement. As such, the Defendant is obligated to pay to the Plaintiff the repair cost of KRW 5,775,500 due to the damage of the instant vehicle ( KRW 303,82,500, repair cost of KRW 303,000,000, KRW 1,650,000, and damages for delay calculated from November 3, 2015, following the date of the Plaintiff’s subrogation repayment.

B. If the result of the inquiry into the fact-finding reply with respect to the Handozer Co., Ltd. added the purport of the entire pleadings, it is recognized that the engine error volume of the instant vehicle was approximately 16 liter-17 liter (standard 9.5 liter) around November 2, 2015, and the fact that the damage inside the engine strawer block was confirmed at the time of the entry, and the final exchange was made upon the engine exchange judgment.

However, with respect to the reason for exchanging the engine of the instant vehicle, Han-do Co., Ltd., Ltd., was already able to check and repair five out of September 30, 2015, such as the low-standing symptoms of the instant vehicle before September 30, 2015, and the warning of abnormal Dong-dong devices, etc., five times in progress.