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(영문) 서울서부지방법원 2016.12.16 2015나5877

손해배상금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation with the purpose of special motor vehicle transportation business (including salvage and towing business), cargo transportation, straw, special cargo vehicles, and road cargo transportation business. The defendant is a corporation with the purpose of manufacturing and selling special motor vehicles and parts, manufacturing and selling motor vehicles, and manufacturing other special purpose motor vehicles.

B. On November 15, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 37,000,000 for a vehicle towing vehicle (hereinafter “instant vehicle”) as indicated in the attached list of vehicles, which was manufactured by the Defendant by manufacturing and attaching a bub towing device at the bubbbbbbing vehicle manufactured by the Defendant in Hyundai Motor Co., Ltd. (hereinafter “instant sales contract”). < Amended by Presidential Decree No. 22420, Nov. 15, 2010; Presidential Decree No. 25035, Feb. 2, 2000>

C. On December 3, 2010, the Defendant manufactured the instant vehicle, and received a safety inspection on the instant vehicle from the Busan Motor Vehicle Inspection Station of the Korea Transportation Safety Authority, and delivered the said vehicle on December 8, 2010.

On December 8, 2011, December 8, 2012, and January 24, 2014, the Plaintiff received a comprehensive determination that the Plaintiff was suitable to undergo a close inspection of each motor vehicle by a motor vehicle inspection agent, when using the said motor vehicle for towing.

The instant vehicle is a small special vehicle of 5,115 meters in length, 1,740 meters in width, 1,570 meters in height of the special area, 2,600km in weight, 500km in maximum loading capacity, 3,490km in total weight of the instant vehicle.

한편 법원의 검증 당시 특장부위와 샷시(특장부위 탑재차량부분)가 분리된 상태에서 측량된 이 사건 차량 중 특장부위의 높이는 1,470mm , 특장부위의 중량은 1,050kg , 샷시의 중량은 1,920kg 이었다.

E. Around December 18, 2012, a driver affiliated with the Plaintiff was towing and moving the instant vehicle to the instant vehicle.