(영문) 대구지방법원 2018.05.24 2016가단34349

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(영문) 대구지방법원 2018.05.24 2016가단34349

손해배상(기)

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1. The Defendant’s KRW 21,184,00 for the Plaintiff and KRW 5% per annum from April 19, 2018 to May 24, 2018.

Reasons

1. Facts of recognition;

A. On June 27, 2016, the Plaintiff is a person who leases and uses C’s “Macro Ecuador” vehicle (hereinafter “instant vehicle”) from Macuador Co., Ltd., a transit vehicle.

B. The Defendant is a person who operates a gas station with the trade name of “D gas station.”

C. On September 11, 2016, E, the husband of the Plaintiff, was driving the instant vehicle and entered the said D station operated by the Defendant, in order to provide gas to the Plaintiff.

E carried the instant vehicle in front of the main abandonment of the oil station, and after driving the instant vehicle from the driver’s seat of the vehicle, E requested the employees who worked in the said oil station to be 50,000 won in transit while driving the vehicle in front of the main phase of the vehicle.

However, the above staff of the gas station committed an error of gas stationing gasoline, which is not diesel, on the instant vehicle.

[Ground] Facts without dispute, Gap's 1, 2, 6, 7, 8, Gap's evidence 1 to 5, Gap's 10, 11, Eul's 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is liable to compensate for damages suffered by the Plaintiff as the user of the instant vehicle, which is a diesel driver, as an employee of the company with limited liability, due to the said accident. 2) The Defendant asserts that the Defendant’s liability should be limited to 20% of the total damages in consideration of the negligence on the part of the Plaintiff, on the following grounds: (a) the appearance of the 2016 Ecuador model is situated on the same gasoline; (b) the Plaintiff did not stop the vehicle before gasoline and did not stop the vehicle; and (c) did not confirm whether the fuel was properly paid through the card receipt, etc. used at the time of payment after the end of gasoline; and (d) the Defendant’s liability should be limited to 20% of the total damages.

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