손해배상 등 청구
1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Facts of recognition;
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company supplied vehicles from D Co., Ltd., an importing company of benz vehicles, and sells them to consumers.
B. On February 27, 2017, the Plaintiff entered into a contract with Defendant C to purchase KRW 79,700 for the 2017 Matz E300,000, and on the same day, the Plaintiff paid KRW 23,910,000 for the lease deposit with Defendant B Co., Ltd. (hereinafter “Defendant B”) and Benz E300 for the 4 Matc vehicles (hereinafter “instant lease contract”). The Plaintiff paid KRW 23,910,00 for the lease deposit, KRW 36 months for the lease period, KRW 1,678,50 for the lease fee, and KRW 1,678,00 for the lease fee (hereinafter “instant lease contract”).
C. Defendant B purchased benz E300 4 Mat E (hereinafter “instant vehicle”) from Defendant C and completed the registration of Defendant B’s automobile under the name of Defendant B, and Defendant C transferred the instant vehicle to the Plaintiff on February 28, 2017.
On March 1, 2017, the Plaintiff filed a request for return and exchange of the instant vehicle with the Defendants, alleging that ① the front unit of the driver’s seat of the instant vehicle is abnormally 10cm, ② the ioner does not operate, ③ the occurrence of vibration and noise (hereinafter referred to as the “instant defect”) on the part of the machine, and ③ the Plaintiff filed a request for return and exchange of the instant vehicle.
E. Defendant C entered the instant vehicle into the Service Center on March 2, 2017, and the same year.
3. As a result of the inspection on March 16, 201, the Plaintiff instructed the Plaintiff to accept the instant vehicle on the grounds that there was no special defect, but the Plaintiff notified the Defendant B of the cancellation of the instant lease agreement on March 28, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The claim against the main defendant B constitutes an operating lease, and the defendant B bears the lessor's warranty liability for the defects of this case. The plaintiff is the plaintiff.