손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On April 2016, the Plaintiff purchased the instant vehicle from the Defendant, a used vehicle dealer, in the amount of KRW 49,000,000 from the purchase price of KRW 2012,00,00,000, for the 2012 white vehicle (hereinafter “instant vehicle”), and paid the purchase price in full to the Defendant.
B. However, the Defendant: (a) left the odometer of the instant vehicle; (b) did not pay the repair cost to the repairer despite having agreed on the complete repair and delivery of the said vehicle; (c) did not appropriately procure the parts necessary for additional repair; and (c) did not comply with the promise to pay the loan to the Plaintiff, to have the Plaintiff receive the loan from the capital company until the completion of repair; and (d) did not comply with the promise to have the Plaintiff pay the loan.
C. As above, the Defendant did not perform its obligation regarding the instant vehicle sales contract. As such, KRW 45,32,953 (i.e., additional parts of KRW 21,149,480, total repair cost and additional repair cost, KRW 15,259,200, the Plaintiff’s repayment cost of the Plaintiff’s loan amounting to KRW 8,924,273) and damages for delay should be paid to the Plaintiff.
2. Determination
A. The following facts are acknowledged in addition to the statements in Gap's evidence Nos. 1 through 5, 10, 11, and 12, and the testimony of the witness C in addition to the whole purport of the pleading.
1) On March 30, 2016, the Defendant, while selling and selling used cars, is sea-drawing companies belonging to DJ specialized companies. 2) around March 30, 2016, the Defendant solicited the Plaintiff to purchase the instant vehicle while holding telephone conversations with the Plaintiff, and said, the odometer was a few thousand km. However, the actual odometer of the said vehicle was 86,904 km.
3) On April 5, 2016, the Plaintiff remitted KRW 2 million to the Defendant as the down payment for the instant vehicle. (4) On June 13, 2016, the Defendant applied for a loan to E Co., Ltd. on behalf of the Plaintiff with the Plaintiff’s consent.