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(영문) 창원지방법원 2020.07.17 2019나63703
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 2,500,000 against the Plaintiff as to the Defendant and its related thereto from December 7, 2018 to July 17, 2020.

Reasons

1. Facts of recognition;

A. On February 7, 2018, the Plaintiff succeeded to the lease agreement entered into between the Defendant and E Co., Ltd. (hereinafter “instant lease agreement”) regarding C (automobile registration number D) BMW 320D vehicles (hereinafter “instant vehicle”) from the Defendant (hereinafter “instant vehicle”). On February 7, 2018, the Plaintiff acquired the instant vehicle. The remaining installment payment as of February 7, 2018, which is the date of succession to the instant lease agreement, was KRW 26,104,012.

B. On February 26, 2018, the Plaintiff repaid 25,854,338 won for the remaining installment payments of the instant vehicle as of the same day to E Co., Ltd., and terminated the instant lease contract, and completed the Plaintiff’s transfer of ownership on March 2, 2018 with respect to the instant vehicle.

C. On the other hand, the instant vehicle had a total of three occasions of accidents, such as the instant vehicle damage caused by itself, which requires repair costs equivalent to KRW 16,511,798,00 on October 13, 2016, and the instant vehicle accident requiring repair costs equivalent to KRW 16,51,798. However, at the time of the instant vehicle delivery and lease succession, the Defendant did not notify the Plaintiff of the said accident.

However, upon the Plaintiff’s request on February 1, 2018, the Defendant: (a) requested an inspection of the overall leakage, leakage, etc. of the instant vehicle to F, a maintenance business entity; and (b) issued the Plaintiff with a written work order stating the result of the inspection; (c) stated that the said written work order stated that “the entire inspection of the vehicle, the water leakage inspection, the water leakage inspection, the lower inspection, the water leakage inspection, and the water leakage inspection; and (d) there is no good condition.”

Around October 2018, the Plaintiff knew of the accident history of the instant vehicle and resisted against the Defendant. On October 29, 2018, the Defendant expressed to the Plaintiff on October 29, 2018 that he/she would repurchase the instant vehicle at KRW 15,000,000, but the Plaintiff sold the instant vehicle to G for KRW 13,90,000, and the Plaintiff completed the ownership transfer registration as to the instant vehicle on November 2, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, 9, and .

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