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(영문) 의정부지방법원 2021.01.14 2020나1173

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person running a transport business under the trade name of “D”.

2) The Defendant (tentative name C) is an employee of Defendant E Co., Ltd. (hereinafter “Defendant E”) in the first instance trial, who is engaged in the comprehensive maintenance of automobiles.

B. On September 30, 2018, the Plaintiff entered the Defendant company and completed repair, as the fuel tank of F 25 tons truck owned by the Plaintiff (hereinafter “Plaintiff”) was defective in the leakage of light oil from the fuel tank. The Plaintiff entered the said vehicle into the Defendant company around September 30, 2018.

2) At the time of the above repair, the Defendant moved the transit on the Plaintiff’s vehicle to a drum box that was in custody of the Defendant company, and thereafter, re-inject the light oil into the fuel tank of the Plaintiff.

3) Even after the Plaintiff’s defect in the Plaintiff’s vehicle, the defect continued to continue to exist, such as: (a) the Plaintiff’s vehicle put into the Defendant Company on October 8, 2018 for the repair of the Plaintiff’s vehicle and completing repair; and (b) the warning, etc. indicating the engine level even after delivery of the said vehicle on October 9, 20

4) On October 18, 2018, the Plaintiff stored the Plaintiff’s vehicle into the Defendant company for re-repair. On and after the release on the 19th of the same month, the Plaintiff was operated on and after the release on the 19th of the same month, but it was impossible to operate the vehicle normally, and the Plaintiff re-ex-factoryed the Plaintiff’s vehicle after completion of repair by the 29th of the same month

5) Around that time, the Defendant drafted a written confirmation (No. 7 evidence) with the following content on the part of the Plaintiff.

- On September 30, 2018, the Plaintiff’s vehicle was repaired by the Defendant Company as a fuel tank repair case, and the Defendant moved the vehicle’s fuel into the drum, and then injected the vehicle into the vehicle’s fuel tank after completion of the work.

- After the vehicle malfunction, the Defendant Company repaired on October 8, 2018 and the 18th of the same month in the Defendant Company, but still made a request for repair on October 20, 2018 upon receipt of an engine or higher warning during operation, etc., and on October 20, 2018.

- With respect to diesel oil, a fuel reporter other than a projector is being repaired on September 30, 2018.