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(영문) 서울서부지방법원 2016.04.07 2015나4348
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 23, 2014, C driven a D Product Track (hereinafter “Plaintiff”) owned by the Plaintiff, and tried to inspect the vehicle to the Defendant who is engaged in the vehicle maintenance business on the above road after detecting the occurrence of a defect in the Plaintiff’s vehicle while driving the road near the Hongsan Heritage ICT (10km point in the Seoul direction) in the direction of Seoul.

B. The Defendant’s maintenance engineer E was dispatched to the above road and confirmed that there was no fault in the vehicle condition by checking the vehicle condition, such as checking the engine 8 liter volume at the workplace and checking the vehicle condition at the workplace of E and E returned to the Defendant’s office.

다. 그 후 C이 원고차량을 1km 정도 운행하던 중 엔진에서 ‘퍽’ 하는 소리와 함께 흰 연기가 발생하여 운행을 중단하고 돌아가던 E에게 이를 알렸다. 라.

In other words, E, which has returned to the site with C, confirmed that the 10 liter's error was leaked at the bottom of the humanter school, and that the 10 liter's error did not remain at the left place, and added up 4 liter's error day, but there is no change in the number of the 4 liter's error, E cannot maintain the equipment at the site due to lack of equipment at the site, and when the plaintiff's vehicle re-operations the engine due to the lack of normal circulation, it can be inhaled within the engine, so it is desirable for C to towing the plaintiff's vehicle to check and check it.

E. Upon receipt of a report from C, the Plaintiff directed C to towing the Plaintiff’s vehicle to the G Center located in Incheon, and F, a maintenance company belonging to the G Center, left the lower part of the G Center on the 25th day of the same month, left the G Center’s seat, and inspected the twitle oil and the human-schoolr, and check the engine ballast and compressed.

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