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Reasons
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(영문) 서울서부지방법원 2018.06.15 2016가단251348
손해배상(기)
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1. The Defendants jointly share KRW 6,720,00 with respect to the Plaintiff and the period from May 17, 2018 to June 15, 2018.

Reasons

1. Facts of recognition;

A. On July 20, 2015, the Plaintiff entered into a financial lease agreement with D Co., Ltd. (the contract term of 36 months, the monthly payment amount of 1,207,446 won, and the due date of July 25, 2018) and purchased a used vehicle (vehicle number F; hereinafter “instant vehicle”).

B. After the occurrence of engine noise in the instant vehicle, around December 9, 2015, the Defendants, who run the automobile maintenance body, requested repair of the automobile maintenance body in the trade name of “G”.

After inspecting the instant motor vehicle, the Defendants sent the instant motor vehicle to I who are engaged in the automobile maintenance business under the trade name “H” on December 28, 2015.

C. I, among the engines of the instant vehicle, deemed that there was damage to the Bending machine and KON-rating KONC, and attempted to repair the engine parts after ordering them. However, I became aware that only the engine parts are not sold separately.

Therefore, since it is impossible to order only the engine parts, the Defendants informed the Defendants that they should repair the entire engine part, but the Defendants informed the borrower that they want to repair rather than the entire engine part.

Accordingly, at the beginning of January 2016, I entrusted K with its repair and sent the instant vehicle to J. D.

The Defendants sent through I, on January 22, 2016, the notification that J will start the engine repair of the instant vehicle and the relevant pictures, and sent them to the Plaintiff on January 25, 2016. On January 28, 2016, the Defendants sent to the Plaintiff the message that they would confirm the inventory of the parts and make contacts by transmitting the engine decomposition photographs and photographs of the broken parts.

E. K first tried to repair the parts of the instant vehicle engine failure (repair using used parts to repair or re-processed parts).

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