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 DPasat 2.0 TDI’s car (hereinafter “instant car”), and the Defendant is the person who operates FPS’s car in Busan Dong-gu E (hereinafter “instant gas station”).

B. On December 23, 2013, at the instant gas station around 10:40, the Plaintiff paid KRW 70,000 to the instant passenger car, and then settled KRW 70,00 with the G’s modern card in the name of G, the Plaintiff’s spouse.

C. On December 23, 2013, the Plaintiff was driving the instant vehicle and moved to Ulsan Island. On December 23, 2013, the Plaintiff reported the repair of the instant vehicle to the Busan East-dong Police Station in order to ensure that the instant vehicle does not walk at the city-dong, Busan-dong, Busan-dong, and then was towed by Samsung F&M Co., Ltd. on the same day at around 15:04 on the same day.

On December 23, 2013, around 16:28, the Plaintiff entered the instant passenger car into the Kakao-Bamba Service Center, a maintenance business entity, in order to repair the instant passenger car, and paid KRW 10,563,361 as repair cost to the said maintenance business entity.

E. Meanwhile, the gas station of this case has a mixed oil prevention device from July 29, 2012.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 5, 7 through 9, 11 through 14 (including each number; hereinafter the same shall apply); Eul evidence Nos. 1, 4, 5, and 7; the records or images of evidence Nos. 1, 4, 5, and 7; the result of on-site inspection by the court of first instance; the purport of the whole

2. The plaintiff's assertion and judgment

A. On December 23, 2013, the Plaintiff asserted that: (a) the instant passenger car was a vehicle driving the light oil to the Defendant on December 23, 2013; and (b) even though the Defendant called gasoline to pay light oil, the Plaintiff was unable to operate the instant passenger car due to the damage of its parts.

Therefore, the Defendant’s damages amounting to the Plaintiff: ① 10,563,361 won for vehicle repair, ② 360,000 won for vehicle sirens, ③ 15,923,361 won for consolation money, ③ 15,923,361.