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(영문) 수원지방법원 2016.11.29 2015나29067

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The parties' assertion

A. On July 2, 2014, the Plaintiff asserted that he left the Defendant to repair C21 ton truck C (hereinafter “instant vehicle”). After the replacement of the said parts, the Plaintiff left the instant vehicle trial operation after the replacement of the said parts. However, the Plaintiff did not operate.

Accordingly, on July 8, 2014, the Defendant repaired the instant vehicle at the Plaintiff’s request, but the instant vehicle was not operated normally, and the engine continued to break out.

On July 16, 2014, the Plaintiff requested another motor vehicle repair center (D) located in Incheon to repair the instant motor vehicle. The Defendant, while repairing the instant motor vehicle, assembled the engine without partial parts (projector string) and found that the vehicle fuel flow into the engine engine, thereby causing defect to the engine, and paid KRW 2,873,200 as the engine repair cost.

After July 24, 2014, the engine of the instant vehicle came to be postponed and requested repair to the said maintenance office. As a result, the Defendant found the fact that the Defendant assembled the engine at six tons of stons located in the Hdgas diskettes of the instant vehicle, and paid KRW 1,729,000 at its repair cost.

In addition, the Plaintiff suffered damages equivalent to KRW 1,924,250, excluding KRW 2,800,000, which the Plaintiff received as compensation for business suspension from the merchant selling presses of the instant vehicle from July 3, 2014 to July 16, 2014, from July 24, 2014, and from July 25, 2014 to July 25, 2014, for repair of defects caused by the Defendant’s negligence.

Therefore, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 6,526,650,00, including the Plaintiff’s repair cost of KRW 4,602,40, and the above temporary shutdown damage of KRW 1,924,250, as damages caused by the Defendant’s failure to repair the engine.

B. The defendant's assertion is that the plaintiff made a middlecom.