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(영문) 대전지방법원 2019.10.01 2018나112923

손해배상(기)

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1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 19,693,560.

Reasons

Basic Facts

The transferor of a motor vehicle transfer certificate (for the transaction of a motor vehicle dealer): C Company B transferee: A: A person in charge of the transaction of a motor vehicle: D motor vehicle sales contract and the registration number of a motor vehicle sales contract for B: The sale price for the relevant motor vehicle: 18,500,000 won: The delivery date for the motor vehicle: < Amended by Presidential Decree No. 27420, Aug. 22, 2

On August 22, 2016, the Plaintiff entered into a contract with the Defendant for the following terms with respect to DBS Corresponding vehicles (hereinafter “instant vehicle”):

(hereinafter “instant sales contract”). B.

The Plaintiff paid the price in full pursuant to the instant sales contract and received the instant vehicle, and completed the transfer registration of ownership of the instant vehicle in the name of the Plaintiff on August 23, 2016.

The Plaintiff paid the transfer cost of KRW 1,193,560 with the registration tax on the instant vehicle, the transfer of ownership registration fee, the sales brokerage fee, etc.

C. At the time of the conclusion of the instant sales contract, the Defendant presented and delivered the Plaintiff a product sign of the instant vehicle (No. 1) to the Plaintiff, and as a result, introduced the instant vehicle as a simple exchanged vehicle with only the right gate part.

In addition, the Plaintiff issued a used car performance inspection register (No. 3) issued on July 27, 2016 by E Co., Ltd. to the Plaintiff. The above records indicate that there is no problem, such as the quantity, appropriateness, etc. of both the engine and other main devices.

Meanwhile, on July 13, 2016, G dealing business with the trade name “F” was awarded a bid of KRW 13,800,000 as “for goods” through the auction procedure, and completed the ownership transfer registration on July 21, 2016.

The “Register of Automobile Inspection/Inspection of Motor Vehicles subject to Auction” issued by H at the time of auction requires the repair of engine and parts of the body of the motor vehicle of this case, and in the column of special issues, the engine studio dust, and the soil dust.