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(영문) 대구지방법원 2018.11.28 2018나308885
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. Facts of recognition;

A. On June 27, 2016, the Plaintiff is a person who leases and uses Cmath Ecuador cuador (hereinafter “instant vehicle”) from Madas Ltd. (hereinafter “the instant vehicle”), and the Defendant is a person who operates a gas station in Daegu-gu, Daegu-gu.

B. The Plaintiff’s husband E operated the instant vehicle on September 1, 2016, around 13:52, and became a gas station at the D gas station.

C. The Plaintiff’s husband E stopped the instant vehicle, which is a “traffic” in front of the main abandonment of the pertinent vehicle, before the Plaintiff’s husband, and then requested the Defendant’s employees to pay the oil while leaving the main utility set up in the between the instant vehicle, which was kept in the between the ridges of the instant vehicle, but the Defendant’s employees paid 35.97 liter on the instant vehicle.

(hereinafter the above mixed high school is referred to as “instant mixed high school”). D.

After completing a liquor as above, the Plaintiff’s husband E knew the fact that gasoline was paid to the instant vehicle, not the light oil, and requested the Liberacheon Co., Ltd. to conduct maintenance.

E. On the other hand, LFri-mathcheon Co., Ltd. has repaired the instant vehicle’s 6 projector, 6 high-tension pumps, fuel pumps, fuel pumps on the left and right side, low-fuel fuel pumps, pipes on the right and right side side, and cleaning fuel tanks. The Plaintiff spent KRW 21,184,010 at its repair cost.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, Eul 1, 2 and 13 evidence (including branch numbers), and the result of fact inquiry of the court of the first instance on the Lthama Roy, the purport of the whole pleadings, as a whole.

2. Determination

(a) A person engaged in the principal supplying oil may be liable to pay the oil after verifying the type of fuel used by the vehicle that is the subject of the oil, and selecting the fuel that is appropriate for it;

However, according to the above facts of recognition, the defendant's employees are above.

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