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(영문) 부산지방법원 2020.11.18 2020나44831
기타(금전)
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. On January 17, 2019, the Defendant deemed that the Defendant entrusted maintenance and repair to the Plaintiff, who runs the automobile maintenance business, with the cooling water of C Food 308 Motor Vehicles (hereinafter “instant vehicle”).

B. On January 31, 2019, the Plaintiff consulted with the Defendant to repair by replacing the air conditioners, upon the Defendant’s request for resolution at a small cost, and received KRW 1,700,000 as repair cost from the Defendant.

C. On March 5, 2019, the Defendant continued to maintain and repair the cooling water of the instant vehicle even after receiving the first repair. On March 5, 2019, the Plaintiff dismissed the engine and confirmed that the cooling water was caused by the crack of the engine part, but the Defendant repaired water leakage through the engine hedge regeneration as the Plaintiff was at the cost of the engine hedge replacement, and the other parts were also repaired.

(hereinafter “Secondary Acceptance”) D.

Even after the second repair, the instant vehicle was replaced by cooling water, and the Plaintiff did not have any way to resolve cooling water, except for the Plaintiff’s exchange of engine hedges, and the Defendant received delivery of the instant vehicle from the Plaintiff on May 9, 2019.

E. The repair cost under the Automobile Inspection and Maintenance Specifications (hereinafter “instant specification”) prepared by the Plaintiff is KRW 3,00,635.

F. On the other hand, on March 5, 2019, the Defendant: (a) leased Drocketing motor vehicles to be used during the second repair period from the Plaintiff; and (b) returned on May 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, 10 through 13, and Eul evidence Nos. 1 through 6 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The facts acknowledged above as part of the engine repair cost claim 1 and the overall purport of the evidence duly admitted as above is the purport of the argument.

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