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(영문) 대전지방법원 2017.11.30 2017나106129
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

With respect to the accident described in the list, the Plaintiff (Counterclaim Defendant).

Reasons

Basic Facts

Plaintiff

Our gas station corporation (hereinafter “Plaintiff corporation”) operates a gas station (hereinafter “instant gas station”) with the trade name “Korea gas station” in 1793, as it is, as in the Asia-si hot spring. The Defendants shared 1/2 shares of CTR 1.6 diesel vehicles using diesel as fuel (hereinafter “instant vehicle”).

On August 5, 2016, Defendant B visited the gas station of this case in order to request the employee of the Plaintiff Company in charge of gas station to pay 50,000 won.

In the upper end of the instant vehicle’s fuel in English, and despite the fact that the instant vehicle was indicated as “maml self” in Korean at the lower end, the said employee oiled gasoline on the instant vehicle, and Defendant B, while gasoline was oiled, she walked in the instant vehicle and driven around about 30km at a distance of 30km.

Ultimately, despite the fact that the instant vehicle is a diesel vehicle, gasoline was mixed in fuel tanks, low-tension mortars, fuel pens, projectors, and high-tension pumps, etc., and damaged the said parts (hereinafter “instant accident”), and the repair cost for replacing the said parts is equivalent to KRW 4,379,400, and the said period necessary for repair is three days in total.

Meanwhile, on August 5, 2016 after the instant accident, the Defendants entered into a vehicle rental agreement with the Switzerland Co., Ltd. (hereinafter only referred to as “Luxembourg”), setting a rental fee of 9,600,000, and the rental period from August 5, 2016 to December 2, 2016 (hereinafter “instant rental agreement”), and operated the said vehicle during the said lease period after delivery of the said vehicle on the same day, and continued to pay the rental fee thereafter.

[Ground for recognition] Unsatisfy, Gap evidence 1.

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