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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
1. The plaintiff asserts that the defendant's request for repair of the B Cost Star vehicle owned by the plaintiff (hereinafter "the plaintiff of this case") was repaired by using the existing parts, not new parts, and that the plaintiff's request for repair as new parts was rejected and thus it was impossible to receive a regular vehicle inspection due to the failure to return the vehicle. Since the plaintiff lent other vehicles, the defendant is obliged to pay the plaintiff the fine for negligence in total 18,648,460 won due to the above tort and default, and the damages for delay.
The evidence submitted by the Plaintiff alone, unlike the repair agreement that the Defendant would replace the instant vehicle as a new part, is insufficient to recognize the fact that the Defendant was repairing the instant vehicle by using the used used parts of the used parts, and that there is no other evidence to acknowledge it (it is difficult to deem that the Plaintiff was subject to a fine for negligence due to the Defendant’s fault). Rather, the Defendant’s possession of the instant vehicle constitutes an exercise of the right of retention as an act to secure the repair cost claim, and it is difficult to see that the Defendant’s act does not constitute nonperformance of obligation or tort, and therefore, the Plaintiff’s assertion premised on the occurrence of liability for damages is without merit, without
2. In full view of the overall purport of the statements and arguments in the evidence Nos. 1 and 2 as to the counterclaims, the fact that the Defendant accepted the instant vehicle on July 24, 2013 at the Plaintiff’s request, the repair cost of KRW 1,335,187, and the value of the automobile parts of KRW 318,813, the sum of KRW 1,654,00 may be recognized.
Therefore, barring any special circumstance, the Plaintiff shall pay 1,654,000 won for automobile repair and damages for delay to the Defendant.