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(영문) 의정부지방법원 2017.09.08 2017가단1776
자동차 수리비 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 7, 2013, the Defendant (the Social Co., Ltd., Korea) entered into an automobile lease agreement with Nonparty B and D-car C (hereinafter “instant vehicle”) with respect to Non-Party B and D-car in 2013 (hereinafter “the instant vehicle”), setting the lessee’s 60,750,000 won, the lessee’s 60,60,000 won, the lessee’s 60,600,000 won, the monthly rent of KRW 1,352,00, and the lease period of 60 months, and delivered the instant vehicle to B.

B. The registration certificate of this case is registered as the owner by the defendant.

C. The Plaintiff, in the course of operating the said industrial company jointly with E running the automobile maintenance business under the trade name of D, was destroyed by an accident around May 2015, and completed repair upon request for repair of the instant automobile requiring repair.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6 and Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. First, the Plaintiff asserts to the effect that “ insofar as the Plaintiff repaired the instant vehicle, the Defendant, the owner of the instant vehicle, is obligated to pay to the Plaintiff the repair cost of KRW 8,238,450, the repair cost of KRW 22,100,430, the storage cost of KRW 4,408,00, the sum of KRW 34,746,880, and the delay damages for its repair.”

1) In light of such circumstances and facts, the Plaintiff asserted that the instant vehicle requiring repair was repaired due to the destruction of an accident, and did not disclose the request for repair to the person requesting repair. Meanwhile, the Plaintiff does not request the Defendant to repair the instant vehicle. On the other hand, the Plaintiff itself recognizes that, even if the instant automobile was put into storage in order to repair the Plaintiff’s operating industry, the Plaintiff would have sought to the Defendant who is the owner of the instant automobile, or did not have received any delegation thereof. (2) In full view of these circumstances and facts, the Defendant is either a party under the repair contract for the instant automobile or a person who delegates the instant automobile repair to the Defendant.

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