beta
(영문) 인천지방법원 2019.07.23 2018나65425

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On May 4, 2017, the Plaintiff terminated a new long-term rental agreement for the amount of benz passenger cars contracted through another company with the guidance of C, which was a member of the Defendant’s business, on May 4, 2017, and then between the Defendant and the Defendant (hereinafter “instant vehicle”).

(2) On May 8, 2017, the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “D”) on the following grounds: (a) purchase price of KRW 67,100,00; (b) purchase price of KRW 3,300; (c) discount of KRW 63,80,000; and (d) the actual purchase price of KRW 1,072,00,000; and (c) Defendant subsidized the first month of the rent to be borne by the Plaintiff; and (d) on May 10, 2017, entered into a sales contract with D Co., Ltd. (hereinafter “D”); (c) the Plaintiff entered into a sales contract with D Co., Ltd. (hereinafter “D”) to pay the instant vehicle purchase price of KRW 63,80,00; (d) the total vehicle price of KRW 68,059,200; (e) lease deposit amount of KRW 12,760,000; and (e) lease interest rate of KRW 200.

B. (1) On May 11, 2017, the Plaintiff actually accepted the instant vehicle. However, on May 12, 2017, when operating the instant vehicle, there was a defect, such as the start-down of the vehicle or the transition period, etc., and on the same day, the instant vehicle was towed to the vehicle repair center. On the same day, the Defendant provided the Plaintiff with the vehicle rent for the vehicle in question. (2) On the same day, the repair of the instant vehicle was completed on June 27, 2017, and the completion of the repair was notified to the Plaintiff on June 29, 2017.

C. 1 The Defendant constitutes a case where the repair period exceeds 30 days pursuant to the “Standards for the Settlement of Consumer Disputes” after the occurrence of defects in the instant vehicle.