손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The defendants shall pay to each plaintiff KRW 1,837,976 and shall also be paid to each plaintiff.
1. Facts of recognition;
A. Defendant B is a business operator operating a D gas station located in Seo-gu Busan, and Defendant A is an employee who works related to tea, etc. in the D gas station.
B. On March 8, 2015, around 14:20, the Plaintiff’s staff E requested the Defendant A to oil oil of the instant vehicle under the condition that the Plaintiff’s vehicle owned by the Plaintiff (ping MKX, F, and hereinafter “instant vehicle”).
Accordingly, Defendant A paid 56.476 liter to the instant vehicle, which is gasoline vehicles.
(hereinafter “the instant mixed vehicle”). E verified the fact that the transit was oiled on the instant vehicle, and thereafter stored the said vehicle in the station without turning on the operation of the said vehicle.
C. The costs of transit paid by the Plaintiff to the Defendant at the time of the instant divorce are KRW 75,00.
Since then, the Plaintiff spent KRW 2,943,600 for fuel tanks, fuel pumps, projector replacement costs, etc. of the instant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 2 (including each number), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged as above, although a person engaged in the oiling service has a duty of care to verify the type of fuel used by a vehicle seeking to pay oil and select the fuel suitable therefor, Defendant A neglected this duty and thereby caused damage to a fuel system device by oiling light on the instant vehicle using gasoline as fuel. Therefore, the Plaintiff is liable to compensate for the damage caused by the instant mixed oil.
In addition, Defendant B is the employer of Defendant A, who is responsible for compensating the Plaintiff for the damages incurred by the Plaintiff due to the instant confusion caused during his/her duties.
B. The scope of liability for damages is 75,000 won for transit expenses that the Plaintiff paid to the Defendant, which the Plaintiff incurred, due to the instant divorce.