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(영문) 서울중앙지방법원 2011.05.26 2010가합109591

매매대금반환 등

Text

1. Defendant Culloteex Co., Ltd. is to receive automobiles indicated in the attached Form from the Plaintiff.

Reasons

1. Basic facts

A. On October 1, 2010, the Plaintiff between the Plaintiff and Defendant KohgleT Co., Ltd.: (a) purchased the “2,400,000-type BMW 520d 1,000 purchase price (hereinafter “the instant sales contract”); and (b) on October 10, 2010, the Plaintiff was handed over the automobile indicated in the separate sheet (hereinafter “the instant automobile”); (c) from Defendant Kohtein, the Plaintiff was handed over the automobile indicated in the separate sheet (hereinafter “the instant automobile”).

B. On October 15, 2010, the Plaintiff discovered that the speed gauge of the instant vehicle is entirely not operated while operating the instant vehicle with the delivery of the instant vehicle, and “BMW Morare” (hereinafter “Emergency Calling Service Center”).

(2) On October 16, 2010, the Plaintiff called the emergency call service center’s employee to check the vehicle, but did not work at a speed. (2) On October 16, 2010, the Plaintiff called the emergency call service center’s employee B to check the instant vehicle, but did not work at a speed, and the Plaintiff was required to enter the instant vehicle into the emergency call service center and check it. The Plaintiff entered the instant vehicle into the emergency call service center.

3) As a result of the inspection of the instant motor vehicle entered into the Emergency Transport Service Center B, the instant motor vehicle is deemed to have to replace the entire meter board due to the occurrence of mechanical trouble in the meter itself (hereinafter “instant defect”).

was confirmed by the court.

C. Although the Plaintiff’s automobile exchange request offered the Plaintiff a “guarantee repair replacing the meter” as a solution to the instant defect, the Plaintiff refused this request and demanded Defendant Cululon to exchange the instant vehicle with a new vehicle on October 19, 201.