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(영문) 부산지방법원 2018.10.05 2018나44180
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 34,199,535 as well as on June 2018.

Reasons

1. Basic facts

A. The Defendant is a person operating a motor vehicle maintenance business in Gwangju City with the trade name “D”, and the Plaintiff entered into a lease agreement with the non-Nen Capital Co., Ltd. and E (hereinafter “Plaintiff”) and is a person operating the Plaintiff vehicle.

B. Around September 12, 2015, the Plaintiff was destroyed due to an accident during operation. Around October 16, 2015, the Plaintiff entered into a repair contract with the Defendant to repair the Plaintiff’s vehicle due to the instant accident (hereinafter “first repair contract”). Around the 21st day of the same month, the Plaintiff paid KRW 9,00,000 to the Defendant as part of the repair cost. During the repair process under the first repair contract, the Defendant claimed for an additional amount of KRW 24,00,000 for the repair by verifying the additional damage, such as the Plaintiff’s engine and engine, etc., of the Plaintiff’s vehicle, and the Defendant attempted to pay the said amount, even if there was any further demand, and the Defendant would complete all repair at around 00,000,000 won without claiming additional expenses, and accordingly, the Plaintiff would have concluded an additional repair contract with the Defendant around 100,000,000 won and around 15,2005.

C. The rent that the Plaintiff pays to the Plaintiff under a lease agreement with a nonNN Capital Co., Ltd. is KRW 2,244,90 per month (=the principal and interest of the lease KRW 2,170,540, KRW 74,550).

On May 25, 2016, the Plaintiff received the Plaintiff’s vehicle from the Defendant on May 25, 2016.

According to the appraisal result of the appraiser F of the first instance trial, although the defendant was included in the first repair contract among the above defects, the part where the defects occurred (attached Form 1-3, 8-17).

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