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(영문) 서울중앙지방법원 2019.03.14 2018가단5095719

손해배상(기)

Text

1. The defendant shall pay 32,400,000 won to the plaintiff and 15% per annum from May 17, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant is a company that engages in the business of export, import, sale, etc. of automobiles, and operates the German Cratus and D vehicle maintenance center.

In around 2011, the Plaintiff purchased and owns the car number E and F car (hereinafter “instant vehicle”) from the Defendant in Germany.

B. On February 2, 2018, the Plaintiff suffered an accident where the instant vehicle was destroyed due to a collision with other vehicles (hereinafter “instant collision accident”). On February 2, 2018, the Plaintiff requested the Seoul G Service Center operated by the repair Defendant.

At the time of the collision, the appearance of the instant vehicle was confirmed as the top of the instant vehicle, which was damaged due to the collision, such as the front gate, the front string, hump lamps, and the front string, and was confirmed as the snow of the string.

C. On February 5, 2018, the Defendant, upon the Plaintiff’s request, checked the parts requiring repair and the matters to be repaired, and drafted a written estimate for maintenance, and on the same day, performed the repair work of the instant vehicle on the same day.

The repair work conducted at the time includes the exchange with the front panser and the chief gate, the care checkup, the front wheeler exchange and the front wheeler exchange and the front wheeler exchange, the ice exchange and ice human management, but the engine did not conduct a more in-depth inspection on the engine, and the engine was supplemented by the natural decrease in the cooling water and the engine error. The defendant was paid KRW 11,176,002 from the insurance company of the vehicle involved in the instant accident at the repair cost.

After completing repair of the same content, the Defendant completed a trial run of about 5km, and followed the delivery procedure for Nonparty H, a substitute driver, to drive the instant vehicle and deliver it to the Plaintiff at the request of the Plaintiff residing in Gangwon-do on February 12, 2018.

E. The instant vehicle driven by H shall be Bossn with the EPC warning, etc. entered on the expressway one hour after H was driven.