(영문) 서울동부지방법원 2017.10.20 2016나6165

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(영문) 서울동부지방법원 2017.10.20 2016나6165

손해배상(기)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the purpose of automobile rental business, and is the owner of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

The defendant is a person who is engaged in a business that trades imported parts with the trade name of "B".

B. On January 20, 2014, the Plaintiff entered into a car repair contract (hereinafter “instant repair contract”) with the repair period of KRW 3 months and the repair cost of KRW 40 million upon requesting the Defendant to repair the instant automobile destroyed by a traffic accident.

C. The Defendant demanded payment of KRW 35 million for the purchase cost, etc. of parts before completion of repair of the instant vehicle, and the Plaintiff wired KRW 35 million to the Defendant on January 20, 2014 and KRW 35 million on April 2, 2014.

The Plaintiff continued to demand the Defendant to repair and deliver the instant motor vehicle by the lapse of the period stipulated in the instant repair contract.

The Defendant did not provide data on the completion of the repair of the instant vehicle or deliver the instant vehicle until the date of closing the argument in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4 through 6 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the fact that the contract was rescinded, the defendant delayed the performance of the repair obligation stipulated in the repair contract of this case.

The plaintiff expressed his intention to rescind the repair contract of this case through the service of the duplicate of the complaint of this case. As such, the copy of the complaint of this case was served on the defendant, and the repair contract of this case was lawfully rescinded.

Therefore, the defendant shall deliver the automobile of this case to the plaintiff according to the cancellation of the contract, and return the 35 million won of the repair cost received in advance from the plaintiff, and shall be liable to compensate for damages caused by the non-performance of the contract.

B. The scope of damages further.

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