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(영문) 부산지방법원 2020.02.06 2019나56302

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Crober vehicle (hereinafter “instant vehicle”), and the Defendant is the person who operates the 3rd class automobile maintenance company with the trade name “E” in Busan Shipping Daegu D.

B. On November 2017, the Plaintiff requested repair of the engine of the instant motor vehicle at the fixed repair cost of KRW 12 million and 30 days (15 days, work period, 15 days) between the Defendant and the Defendant introduced through Nonparty F around December 1, 2017, following the Plaintiff’s failure to stop while driving the motor vehicle. At that time, the Defendant explained the Plaintiff to the effect that “at the time, the Plaintiff should look at the engine’s whole in light of the abnormal state of the engine, etc., but the repair will replace only part of the engine,” and received KRW 6 million from the Plaintiff as a part of the repair cost.

C. The Defendant separated engines from the vehicle body, confirmed the engine condition, including the Plaintiff’s heavy metal scrap, and determined the final repair cost, etc. after receiving the replacement parts in the UK. After which, the Defendant, among the instant vehicle engine parts requiring repair and replacement, entrusted the repair of the engine separated from the body of the vehicle to G of the first-class automobile maintenance business entity equipped with the engine repair capacity, imported and provided the heavy parts from the Republic of Korea, such as the domestic heavy parts, the solid Hd, and the Hd gas pocket.

G finished the repair of the instant vehicle engine on January 2018, 2018, and the Defendant, who received it from G and assembled it into the body of the vehicle, but did not walk properly.

E. On February 13, 2018, the Defendant settled the problem of starting time by replacing electric wires with others, and delivered the instant vehicle to the Plaintiff. At that time, the Defendant received 6 million won of the remainder of the repair cost from the Plaintiff.

F. On February 22, 2018, the Plaintiff’s gas to undergo a regular inspection of the instant automobile around February 22, 2018.