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(영문) 서울중앙지방법원 2015.10.22 2014가단5272808

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Dbenz E200 CGI car (hereinafter “Plaintiff vehicle”). On April 24, 2014, the Plaintiff requested the repair of the Plaintiff vehicle to E and delivered it to E, and on the same day, delegated it to E, and received the G vehicle from the F Eastern Industrial Business Office (hereinafter “Defendant vehicle”).

B. E requested H (representative: I) to complete the repair of the Plaintiff’s vehicle (hereinafter “the first repair”) and I, and requested Defendant C, an employee of the said siren, to transfer the Plaintiff vehicle to the Plaintiff located in Seoul. However, on May 1, 2014, Defendant B caused a traffic accident while transporting the Plaintiff vehicle, which caused the Plaintiff’s vehicle to be damaged (hereinafter “the instant accident”). D. The Plaintiff and Defendant B, and the Plaintiff requested the Plaintiff to purchase the Plaintiff vehicle at KRW 50 million between the Plaintiff and the Defendant, and Defendant B completed the repair of the instant vehicle (hereinafter “the second repair”) on May 31, 2014, and the Defendants requested the Plaintiff to transfer the Plaintiff vehicle to the Plaintiff on June 1, 2014.

However, as the Defendant did not reach an agreement between the Plaintiff and the Plaintiff, the Defendants again brought the Plaintiff into H factory on June 3, 2014, and Defendant B paid 1 and 2 repair costs to I on June 4, 2014, and transferred 12,027,136 won to the Plaintiff, and possessed the Plaintiff’s vehicle by delivery from I until September 25, 2014.

Meanwhile, around June 6, 2014, the Plaintiff delivered Defendant C a vehicle to Defendant C, and the Plaintiff’s insurer on September 4, 2014, as part of the first repair cost of KRW 1,070,000, the Plaintiff’s first repair cost of KRW 710,000.