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(영문) 서울중앙지방법원 2017.07.25 2016가단5164840
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the party is a company with the purpose of automobile rental business, transportation-related service business, and the defendant is a company with the purpose of automobile import and sales business, automobile maintenance business, etc., and is Posor Korea Co., Ltd.

B. On May 15, 2014, the Plaintiff entered into a contract with the Defendant to purchase the vehicle A (hereinafter “instant vehicle”) at KRW 82,400,000 with the purchase price of the vehicle A (hereinafter “instant vehicle”).

C. On September 20, 2015, while the Plaintiff acquired and used the instant motor vehicle, the Plaintiff requested the Defendant to repair the instant motor vehicle on the grounds of the fact that the engine is infinite and afinite warning, etc., and the Defendant, free of charge, has repaired the replacement, etc. of valves.

(hereinafter “First Repair”). When the same symptoms of the instant motor vehicle were discovered, the Plaintiff again requested repair on November 27, 2015, and the Defendant accepted the replacement itself without compensation (hereinafter “Second Repair”). / [The grounds for recognition] without dispute, and the purport of the entire pleadings, including Gap’s evidence Nos. 1-5, Eul’s evidence No. 1, 7, and 8.

2. The Plaintiff’s assertion as to the cause of the claim shall be an elevated sports car and have the performance and quality corresponding to it.

The defendant recognized the quality guarantee period of the total of four years at the time of the sale of the automobile and agreed to accept the automobile without compensation when repair is required due to defects in the quality of the automobile during that period.

In accordance with the above agreement, the Defendant had 1 and 2 repaired the instant automobile without compensation.

However, the automobile sales contract of this case states that "the seller shall not be liable for the defects of a motor vehicle which occurred without any cause attributable to the seller" (Article 5 (4)). In the end, the defendant's failure to repair the first and second repairs was caused by the defect in the motor vehicle of this case and the occurrence of the defect.

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