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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. Basic facts
A. On October 12, 2017, the Plaintiff: (a) requested the Defendant, who operates the Car Center under the trade name called “D”, to repair the boom of two diesel trains with a ton of 1 ton (hereinafter “the instant vehicle”); and (b) on October 28, 2017, the Defendant replaced the part of the brost, and completed repair on or around October 28, 2017.
B. On December 1, 2017, the Plaintiff paid 130,000 won to the Defendant for repair costs.
[Ground for recognition] Unsatisfy, Gap evidence No. 2, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On December 1, 2017, the Plaintiff asserted, around 15:00, operated the instant vehicle in order to move rice to a rice drying plant located in his/her house as a rice drying plant located in his/her house. On the other hand, the Plaintiff was at the scene of the balking of the said balke.
In the event of an accident involving F from the wall of a building (hereinafter “the accident in this case”), the accident in this case occurred, wherein F suffered from the injury, such as a dubing dubs, etc. (hereinafter “the injury in this case”). Ultimately, the accident in this case occurred, despite the lack of the Defendant’s capacity to repair the dubs of the vehicle in this case, failure to repair the said bscke properly. Thus, the Defendant is liable to compensate the Plaintiff for damages incurred from the Plaintiff’s nonperformance of obligation, ① KRW 2,532,373, the sum paid by the Plaintiff to F under the name of medical expenses and consolation money for the injury in this case; ② KRW 130,00,000 and KRW 39,520,000 in total paid to the Plaintiff’s representative H in order to repair the bscke in this case, ③ KRW 30,000,300,300,360,370,370,37,370
B. According to the evidence evidence No. 6, H, which accepted the instant vehicle after the instant accident, was a matter of course due to the ga bargaining marina and the wheel wheel wheeler’s loss.