손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is the owner of Cenz vehicle (hereinafter “instant vehicle”), and the Defendant is the person operating the automobile repair company.
B. On July 13, 2016, the Plaintiff visited the Defendant’s automobile repair business entity operated by the Defendant, and sought from the Defendant whether it is possible to check booms images and to display the software server in the construction site installed on the instant vehicle.
C. Accordingly, the Defendant confirmed the black stuff image with the Plaintiff, and confirmed the four-way software CD of the instant vehicle, and notified the Plaintiff that it is impossible to run the instant vehicle because a new burner has not yet been withdrawn.
Since then, the Plaintiff discovered the failure to operate the NAS while driving the instant vehicle, found the repair company again, and demanded the Defendant to accept it at the Defendant’s expense, due to the Defendant’s mistake.
However, the defendant did not go through a failure due to the dynasium, but failed to comply with the plaintiff's request due to his fault.
E. Ultimately, the Plaintiff requested another repair company (D) to replace and repair a NAD, and paid KRW 1,200,000 at its cost on July 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, Gap evidence No. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff asserts that the defendant is liable to compensate for the costs of KRW 1,200,000 paid by the plaintiff as damages, since the defendant arbitrarily fabricated or mistakenly fabricated the construction installed on the vehicle of this case.
The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant caused the breakdown by manipulating the construction installed in the instant vehicle without the Plaintiff’s permission, and there is no other evidence to acknowledge it otherwise.
Rather, A.