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(영문) 울산지방법원 2019.07.24 2017가단19943

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing automobile parts, etc., and the Defendant is a company established for the purpose of passenger vehicle sales business, automobile maintenance business, etc.

On October 12, 2017, the Plaintiff purchased a large amount of D self-owned passenger vehicle (hereinafter “instant vehicle”) from C on October 12, 2017, and completed the Plaintiff’s transfer of ownership on November 13, 201.

B. On October 23, 2017, G (only the representative director of the Plaintiff, hereinafter “G”) requested the Defendant H (hereinafter “H”) to inspect and repair the instant vehicle within the warranty period. After completion of repair on October 29, 2017, G verified the improvement of the vehicle noise condition and the bradation status, etc., and released the said vehicle.

[Grounds for recognition] Each entry of Gap evidence 1 (including paper numbers, hereinafter the same shall apply), 2, and 3, and the purport of the whole pleading

2. The assertion and judgment

A. On October 23, 2017, G of the Plaintiff’s assertion 1), around October 23, 2017, the Defendant asked the Defendant to inspect and repair the instant vehicle, and the Plaintiff accepted the vehicle on October 29 of the same month. However, on October 30, 2017, G used the instant vehicle while driving the funeral hall and driving the instant vehicle, and the cause of the Plaintiff’s assertion was the vehicle operating system in the vehicle (hereinafter “I system”).

It was revealed that the defect is a leakage phenomenon caused by the aging of the anti-tensionr, which is due to negligence, for which the defendant had properly maintained the defect during the repair period or failed to verify the condition of the vehicle after maintenance.

Therefore, the Defendant is liable to compensate the Plaintiff for the nonperformance of liability due to the error in repair of the instant vehicle, and the Defendant is liable to compensate the Plaintiff for damages due to the tort. ① The Defendant suffers from mental distress such as G’s failure to properly take funeral procedures due to the breakdown of the vehicle, etc. (10,00,000 won, ②.