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(영문) 서울남부지방법원 2015.07.24 2013가합107516
채무부존재확인
Text

1. On October 30, 2013, in relation to the incident mainly involving E-vehicles at D stations located in Gangseo-gu Seoul Metropolitan Government.

Reasons

1. The plaintiff sought confirmation that there is no obligation to compensate remaining in relation to the same difference as the same difference in this case as the principal lawsuit, while the defendant, as a counterclaim, claims that the plaintiff's obligation to compensate for damages due to the same difference in this case remains, and claims the performance of the obligation to compensate for damages.

However, inasmuch as the obligation to prove the existence of the damage claim caused by the instant confusion lies in the defendant regardless of the principal lawsuit and the counterclaim, it is necessary to first examine the validity of the defendant's counterclaim for convenience, and then examine the validity of the plaintiff's claim.

2. Judgment on the counterclaim

A. 1) The Plaintiff is a person who operates a D station in Gangseo-gu Seoul Metropolitan Government, and the Defendant is a person who owns the instant vehicle.

B) On October 30, 2013, the Defendant: (a) driven the instant vehicle; (b) requested F, an employee of the Plaintiff, to leave the said gas station; (b) the Defendant: (c) mispercing that the instant vehicle was a diesel vehicle; and (d) the Defendant was driving the instant vehicle without recognizing the mixture; and (c) became aware of the fact that the vehicle was injected via the instant vehicle after ascertaining that the vehicle was abnormal in the engine engine operation and exhaust gas on the following day after identifying that the vehicle was abnormal in the instant vehicle. (d) As of the following day, the Defendant became aware of the fact that the vehicle was injected via the instant vehicle.

(2) The court determined as follows: (a) there was no dispute over the instant vehicle’s fuel engine system, engine system function; (b) there was no damage requiring repair; (c) the description of evidence A, the appraiser’s appraisal result; and (d) the purport of the entire pleadings for those who are engaged in the gas service at the gas station; and (d) the type of fuel used by the vehicle subject to oil, and the selection of fuel suitable therefor, and the fuel of the gas station is the fuel.

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