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(영문) 전주지방법원 2017.11.24 2016나12635
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

In fact, the defendant is a person operating a Dju station in Jung-Eup Si, and the plaintiff is the owner of the EMW 520D car (hereinafter referred to as the "instant vehicle") using light oil as fuel.

On January 4, 2014, around 12:10, the Plaintiff requested an employee of the gas station to pay gas equivalent to KRW 50,000,00 to the oil station under the influence of the operation of the instant vehicle at the oil station. The Defendant’s employee, who is not a diesel, provided that he/she paid gasoline 27.042 liter instead of diesel.

(hereinafter “instant mixed vehicle”). immediately after the instant mixed vehicle, the starting operation of the instant vehicle was suspended while the Plaintiff was driving the instant vehicle.

【In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 4 (including paper numbers), and the purport of the entire pleadings, the above recognition facts revealed that the person engaged in the oiling business has a duty of care to verify the type of fuel used by the vehicle seeking to provide oil, select the fuel suitable for it, and then pay it. However, it is reasonable to view that the defendant's employees neglected to do so, thereby causing damage to the fuel system device of the vehicle of this case by driving the gasoline on the instant vehicle using gasoline as fuel.

Therefore, the defendant is the employer of the above employees, who is responsible for compensating the plaintiff for the damages caused by the confusion of this case.

According to the overall purport of the statement and pleadings Nos. 4 and 7, the scope of damages for the vehicle repair cost, and the entire purport of the pleading, there is a need to replace a fueler, such as a fuel tank, fuel pen, etc., in the event that an accident occurs while driving in the city, despite being aware of mixed oil. The Plaintiff may recognize the fact that the Plaintiff paid KRW 19,088,630 with the repair cost, such as engine, fuel camera, and fuel tank, etc. of the instant vehicle. As such, the above KRW 19,08,630 as damages equivalent to the vehicle repair cost due to the instant mixed oil.

The criteria for calculating the health cost and the amount of damages are as follows.

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