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(영문) 수원지방법원 2015.10.15 2015나9032
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff B, as the owner of the instant excavation machines, is a person who engages in construction machinery rental business, etc. under the trade name of G, and the Plaintiff A, as the Plaintiff’s spouse, was a corporation I (hereinafter “I”) located in the Innju City H (hereinafter “I”).

B. The J, Inc. operates the “L station” (hereinafter “the gas station of this case”) located in K in Boju-si, and Defendant C is the representative of the above company, and Defendant D is an employee of the above company, who is in charge of the site office of the above gas station.

C. Defendant D had the transit of heavy equipment located in this frame at the work site of I directly to the extent that it had been done once. On June 28, 2014, Defendant D had the transit at the above work site and 10 of the equipment owned by the said company.

However, the so-called refacing machine of this case, which completed the gas station oil, discontinued its own operation at around 17:00 on the same day.

The N andO of the repair engineer of M Co., Ltd., a manufacturing company of the sprink of this case, sent to the site upon receiving a request for repair by the plaintiff A, and inspected the sprink.

As a result, it was diagnosed that the inside of high-tension pumps that supply fuel was damaged due to the lack of base.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Gap evidence No. 4-1 to 3, the court witnessO, N's testimony, and the purport of the whole pleadings.

2. Judgment on the plaintiffs' assertion

A. Defendant C and Defendant D, the representative of the gas station of this case, committed damage to the fuel pumps and engines of the gas station of this case by conspiracying to injecting products similar to the gas station of this case. The Defendants jointly have a duty to pay the Plaintiffs the sum of KRW 13,015,600 (the fuel pumps part cost, KRW 515,600, KRW 500, KRW 500,000, KRW 9 million, and engine repair cost) due to nonperformance or tort.

B. Judgment 1-A.

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