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(영문) 의정부지방법원 2020.07.21 2019나213789

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

Purport of claim and appeal

Claim: the defendant.


1. The Plaintiff asserts that the Plaintiff suffered damages equivalent to KRW 900,000,000 in total, including repair cost, KRW 640,000,00 and KRW 2.60,000,00 in a number of vehicles due to the instant claim, such as the Defendant’s use of the Cchip car with the Plaintiff’s lease from the Plaintiff, and the lower part of the front part of the right-hand door, the right-hand door, and the right-hand door.

2. In light of the description and image of Gap evidence Nos. 2 through 9, which correspond to the plaintiff's assertion, did not believe Eul's evidence Nos. 1 to 3 in light of the description and image of Eul evidence Nos. 1 to 3 (the plaintiff submitted a photograph before a exhauster with respect to the defect in the part of "hindo" which is the lower part of the lower side of the vehicle repair cost even though the latter part of the part of the "hindo", which is the highest side of the vehicle repair cost. However, according to the records, such as Eul evidence No. 3, etc., it is evident that this part of the house defects had already existed at the time of lease, and as the plaintiff delayed, it is not related to the use of the defendant's vehicle, the plaintiff's assertion of the plaintiff's claim against the defendant until this part of the repair cost by the initial payment order application is hard to believe). Thus, the plaintiff's assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed in its entirety as it is without merit, and since the judgment of the court of first instance is unfair with some different conclusions, the part against the defendant in the judgment of the court of first instance which accepted the defendant's appeal and dismissed the plaintiff'