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(영문) 의정부지방법원고양지원 2015.05.20 2014가합53523
손해배상(기)
Text

1. The Defendant’s KRW 144,739,130 as well as 6% per annum from October 17, 2014 to May 20, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running charter bus transportation business, etc., and the Defendant is a company conducting automobile maintenance business, etc.

B. On April 25, 2014, the Plaintiff requested the Defendant to repair the part of the engine of A bus owned by the Plaintiff (hereinafter “instant bus”).

C. On May 6, 2014, the Plaintiff acquired the instant bus, which was repaired by the Defendant, and was under trial operation. At the time of the trial operation, there were abnormal signs such as the sound, etc., the engine department in the engine, and the Defendant side repaired the instant bus, such as towing the instant bus and replacing it to the intermediate engine after the engine.

On May 17, 2014, the Plaintiff re-signed the instant bus that the Defendant completed repair.

E. On May 18, 2014, the Plaintiff shut down the bus in this case from Seoul to the stop line of Gangwon-do. On May 19, 2014, the Plaintiff operated the bus in this case from Seoul to the seat of Gangwon-do Crossing-gun. On May 21, 2014, the bus in this case was set up at approximately 99km (Seoul-do standard distance) in the direction of the Seoul (hereinafter “the instant fire”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 5-2, Gap evidence 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was requested by the plaintiff to repair the bus of this case. Thus, since there was a fire on the bus of this case due to the plaintiff's failure to properly perform his duty to repair the bus of this case, the defendant is obligated to compensate the plaintiff for the damages of 150,183,130 won (4,500,000 won for emergency towing expenses of 85,000,000 won for road repair expenses of 39,183,130 won for road repair expenses of 16,50,000 won for the bus of this case).

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