손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. Basic facts
A. The Defendant is using a trade name “C” as a secondhand trading, etc.
B. On May 29, 2017, the Plaintiff concluded a motor vehicle sales contract (hereinafter “instant contract”) with respect to the motor vehicles listed in the separate sheet via D, a Defendant’s employee, on May 29, 2017 (hereinafter “instant motor vehicle”). On May 29, 2017, the Plaintiff entered into a sales contract for the motor vehicle with the purchase price of KRW 1.8 million, and on May 29, 2017 (hereinafter “instant contract”). The main content of the contract at the time is as follows. A motor vehicle dealer is “CB
Article 1 (Indication of Parties) The transferor shall be A and the transferee shall be B.
Article 5 (Liability for Legal Defects) (2) A seller shall notify B of the details of inspection of performance of the automobile in accordance with Article 58(1) of the Automobile Management Act.
Where a seller is liable for any defect referred to in Article 7 (Liability of Seller), and where a City/Do municipal ordinance requires a purchaser to deposit a defect bond, he/she shall preferentially pay the defect bond to the purchaser at the request of the purchaser.
Provided, That a trader may exercise a right to indemnity against a transferor or a person responsible for the defect.
C. The main contents of the inspection record of the performance status of used cars of this case issued to the Plaintiff at the time of the instant contract are as follows.
The odometer status of odometer 285,590km 199: The term of validity of the inspection from March 29, 2016 to March 28, 2017: The main device condition: The remainder is indicated in the “nive”, “no sound”, and “mulsion” column with the exception of the following: - It is marked in the “unmulsion” column - It is displayed in the “unmulsion” column - No indication in the “unmulsion” column - high voltage pumps - No indication in the automatic transmission pumps: No indication - No indication in the automatic transmission pumps: No indication - No indication in the manual manual : the hydrogen : the micromulse column.