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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of Lone Star C vehicle (hereinafter “instant vehicle”), and the Defendant is the business operator who operates the accelerator and the Vice Chief of Automatic Station in the name of E stations located in Yangsan City D.
B. On December 20, 2018, the Plaintiff: (a) visited the said E- gas station at around 16:00, and parked the instant vehicle using a tunnel type automatic washing machine installed therein (hereinafter “the instant vehicle”); (b) while the instant vehicle out of the three vehicles installed on the floor, there was an accident that conflicts with the instant vehicle’s right-hand blurg support unit (hereinafter “the instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, the result of verification of Gap evidence 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion occurred due to the malfunction of the instant detailed equipment or the malfunction of the Defendant’s employees of the instant detailed equipment. As such, the Defendant is obligated to pay the Plaintiff damages for KRW 4,650,000 (i.e., vehicle repair cost of KRW 1,100,000 (= KRW 2,850,000 for rental fee of KRW 2,850,000 for consolation money) and damages for delay.
B. Determination as to Gap evidence Nos. 1 to 3, Gap evidence Nos. 4 and Eul evidence Nos. 2, the result of the on-site verification conducted by the court of first instance, the whole purport of arguments, etc., and the following facts and circumstances, i.e., the following circumstances, which are acknowledged as a comprehensive consideration of Gap evidence Nos. 1 to 3, the following facts and circumstances, i.e., the following: <1> The third class of the third class of the third class of the vehicle, which is a tunnel-type automatic car, is used as a neutral location, if the third class of the vehicle is maintained at the entrance of the vehicle, by moving the vehicle to a certain speed from the vehicle slowly with the wheels of the vehicle slowly; <2> If the wheels of the vehicle does not turn to the vehicle due to balk operation, etc. during the operation of the rail, the wheel of the vehicle becomes out of the brush.