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(영문) 수원지방법원 2017.06.22 2016가단10410

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. On November 16, 2012, the Plaintiff purchased a passenger car (referred to as “the instant passenger car” hereinafter hereinafter) from a more CDD Co., Ltd. (hereinafter “ACD”) for KRW 148 million from the purchase price, and operated the instant passenger car on November 21, 2012.

B. Around the above time, the Defendant issued to the Plaintiff a quality guarantee certificate for the instant automobiles (hereinafter “instant guarantee certificate”).

C. The Plaintiff was inspected and repaired several times at the Maintenance Center that operates the instant car due to the occurrence of problems such as noise generated in the engine, etc.

Nevertheless, on June 10, 2014, the Plaintiff requested the Korea Consumer Agency to repair the automobile engine of this case as the respondent and filed an application for remedy for damages with the Defendant on the ground that the Plaintiff had any defect in the engine of this case, and applied for remedy for damages.

On October 21, 2014, the Consumer Dispute Mediation Commission rendered a mediation decision (hereinafter “instant mediation decision”) with the following contents as follows, and the instant mediation decision became final and conclusive around December 9, 2014.

① By December 31, 2014, the Plaintiff delivered the instant passenger car to the greater effect.

② Within 30 days from the date of acquiring the instant passenger vehicle jointly and severally with the Defendant, the instant passenger vehicle is repaired without compensation any defect arising from the phenomenon that (a) engine frame, etc. of the instant passenger vehicle is intermittently occupied (hereinafter “instant engine frame defect”), (b) noise generated from the engine between air conditioners (hereinafter “instant engine noise defect”), and (c) noise generated from the engine between air conditioners (hereinafter “instant engine noise defect”) and delivered the instant passenger vehicle to the Plaintiff.

③ The Plaintiff acquired the instant passenger car, the repair of which has been completed pursuant to the foregoing paragraph, from the Defendant’s superior effect.