logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.10.10 2019나572
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion and judgment

A. A. Around December 2017, the gist of the Plaintiff’s assertion was that the Defendant agreed with the Plaintiff to repair the vehicle owned by the Plaintiff to be used normally by 2020 years. On February 5, 2018, the Plaintiff paid to the Defendant the repair cost of KRW 3850,000 (including value-added tax) according to the said agreement.

However, the Defendant’s failure to repair the above car, which caused the Plaintiff’s failure to work normally. Accordingly, the Plaintiff was obligated to pay the Plaintiff damages amounting to KRW 6 million and damages for delay, on the ground that (i) the repair cost of KRW 3.85 million paid to the Defendant; (ii) the replacement cost of the fork-board glass damaged during the above repair process; (iii) the Plaintiff’s processed stone products value of KRW 94,00,000; and (iv) the Plaintiff’s business loss or damages amounting to KRW 876,00 as a result of the failure to use the fork-board vehicle; and (ii) the Defendant was obliged to pay the Plaintiff damages amounting to KRW 6 million and damages for delay.

B. Determination 1) As to the part of the repair cost of KRW 3.85 million and the part of the operating loss or consolation money of KRW 876,00,00, first of all, as to whether the Defendant agreed to repair the vehicle owned by the Plaintiff for normal use by the Plaintiff by the end of 2020, the Defendant agreed to repair the vehicle owned by the Plaintiff by the Plaintiff by December 2017, and determined the repair cost of KRW 3.85,00 (including value-added tax) as the repair cost, and the Defendant completed the repair of the said vehicle on February 1, 2018 at the Plaintiff’s request on the same day, and on the same day, the pledge (Evidence 2; hereinafter “instant pledge”).

A. The Plaintiff signed and delivered the instant written pledge to the Plaintiff, and the first text of the instant written pledge was “a commitment to guarantee the Plaintiff’s completion of engines and bron repair by 2020.” However, following the entry of the said text, “breh” was additionally stated in the following “Breh”, and the said first text and content.

arrow