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(영문) 서울중앙지방법원 2016.09.09 2015가단5354875
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a company running an insurance business, paid the rental fee to the owner of each of the vehicles indicated in the “vehicle Number” column in the attached Table 1 (hereinafter “each of the instant vehicles”), and the Defendant is a company operating the Hyundai Motor Vehicle Number Service Center as a company that manufactures, sells, and provides services.

B. During the period from July 2015 to August 2015, the Defendant’s Suwon Service Center received a request for vehicle repair from the owners of each of the instant vehicles on the date indicated in the “vehicle Admission Date” column in the attached Table 1, and completed the vehicle repair on the date indicated in the “on the expiration date of repair” column.

C. The owner of each of the instant vehicles used a siren during the period indicated in the “loan Period” column in the attached Table 1 of the vehicle repair specifications, and the Plaintiff paid the rental fee at the siren’s expense.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Defendant asserted that he had delayed repair beyond the reasonable repair period. Accordingly, during the period in which the Plaintiff exceeded the repair period, the Defendant suffered a total of 21,354,879 won stated in the “amount of damages” in the “amount of damages” in the attached Table 2 of Claim No. 2, and thus, the Defendant is liable to compensate the Plaintiff.

3. In full view of the purport of the entire arguments in the evidence Nos. 3, 6, and 7 of the judgment of the court below, the period indicated in the annexed Table No. 2 of the Claim No. 3 is the work hours calculated according to the standard maintenance hours used by the defendant for the work hours necessary to repair each of the of the of the of the of the instant vehicles. It is recognized that the defendant delayed accepted each of

However, in the following circumstances, the Defendant’s Suwon Service Center is a service center directly operated by the Defendant, under the following circumstances: (a) written evidence Nos. 1, 2, 13, 15, 16, 17, 19, 20, 21, 22, and 23.

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