1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is the owner of CY car using light oil as fuel (hereinafter “instant vehicle”), and the Defendant is the person who operates the E station in Seopo-si D (hereinafter “instant gas station”).

B. On September 10, 2016, the Plaintiff requested the Defendant’s employees to gas in the instant gas station to gas on September 10, 2016, but the Defendant’s employees provided the “carbon” on the instant vehicle.

(hereinafter referred to as “instant mixed high school”). C.

Although the Plaintiff was driving with the instant gas station, it is doubtful that the instant vehicle is mixed and similar to the instant gas station as the vehicle operated normally, such as the distance between the two streets, etc., and returned to the instant gas station by driving the instant vehicle.

The Plaintiff spent KRW 10,887,800 at the repair cost of the instant vehicle, and spent KRW 4,620,000 for sirens for 77 days (=60,000 x 77 days).

[Reasons for Recognition] Unsatisfy, Gap 1-3, 5, 7 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the employee of the gas station of this case caused the confusion of this case in violation of the duty of care to verify the kind of fuel used for the oil station as a person engaged in the oil station's duty of care to pay fuel corresponding thereto. The defendant is an employer of the above employee, who is liable to compensate for the damages suffered by the plaintiff due to the confusion of this case.

B. 1) The Plaintiff is liable for reimbursement of 4,620,00 won (=60,000 won x 77 days) as the loan expense during the repair period of the instant vehicle.

However, the appropriate lending period, which is the basis for calculating the amount of damages, is the period during which the user of the vehicle could not use the vehicle due to the repair, which is to repair the vehicle in light of the principle of equity or good faith.