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(영문) 부산지방법원 2017.08.29 2016가단351289
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of B bus (hereinafter “instant bus”), and C is the bus driver of the instant bus as a person who left the instant bus to the Plaintiff, and the Defendant is a person who operates the automobile maintenance business in the trade name D.

B. On August 13, 2016, the Plaintiff replaced both back wheels of the instant bus with D operated by the Defendant.

C. On August 16, 2016, the driver C of the instant bus experienced the towing phenomenon that the rear wheels of the instant bus seems to have well known while driving the instant bus, and the Defendant tried to check the balke part. On August 19, 2016, at around 10:24, the instant bus driver drivened the instant bus and used the instant bus as a maintenance station operated by the Defendant, and there was an accident in which the vehicle is relocated (hereinafter “the instant fire accident”).

As a result of the appraisal of the bus of this case in relation to the fire accident of this case, the National Institute of Scientific Investigation expressed the opinion that "the fire is presumed to have occurred due to the failure to return to the camp and the drum, considering the fact that the previous bus was decomposed and inspected, the change of the color by the heat in the upper and lower blas blass and drums, etc., and the change of the blas blas drums was changed and the drums were not returned to the camp direction, it was presumed that the fire was caused by the blass and the drums."

[Ground of recognition] Facts without dispute, Gap evidence 7, Gap evidence 9-12 and 21, the purport of the whole pleadings

2. The Plaintiff’s allegation that the instant fire accident occurred is excessive between Brackers and drums due to the negligence in the work of replacing Brackers, such as the Defendant’s failure to erroneously assemble or combine the elements of Brackers, while performing the work of replacing the back wheel of the instant bus.

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