손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. Basic facts
A. The Defendants’ relationship 1) Defendant E runs the business of selling used cars with the trade name “H”, and Defendant E runs the business of selling used cars listed in [Attachment 1] on March 11, 2015 (hereinafter “instant used cars”).
(2) Defendant F purchased the instant used vehicle through J (Purchase). (2) Defendant F is engaged in the business of checking the performance and condition of the instant used vehicle with the trade name of “I,” and Defendant E requested to check the performance and condition of the instant used vehicle, and on April 9, 2015, drafted a record of checking the performance and condition of the instant used vehicle as indicated below (hereinafter “instant record of inspection”).
3) Although Defendant F indicated “29,494km” (270,00 km in the vehicle register) in the odometer of the instant used vehicle registration certificate, Defendant F stated “5,296 km” in the margin “5,296 km” on the left side of the inspection record of this case as “5,296 km” on the ground that he stated “5,296 km” in the inside meter board of the instant used vehicle, and indicated “5,296 km and meters” on the left side of the inspection record of this case as “5,296 km,” and indicated “19 (19) special engineer and inspector’s opinion.” Defendant E registered as “K” in the automobile trading computer network, and written “270,000 km” in the options column.
B. 1) Defendant D’s sales contract for the instant used cars (hereinafter “instant broker”)
At present, Defendant B and C engaged in a motor vehicle sales brokerage business with the trade name of the Plaintiff, and Defendant B and C were employed by Defendant D. (2) The Plaintiff was placed in the instant intermediary, which was introduced through the “L” website, and was recommended as the instant used cars by Defendant B and C. The Defendant B and C explained to the Plaintiff that the mileage of the instant used cars is 5,000km.
3) On April 9, 2015, the Plaintiff purchased and sold the instant used cars with Defendant C and the instant used cars of KRW 8,500,000 (hereinafter “instant sales contract”).
(b).