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(영문) 서울중앙지방법원 2020.02.19 2018가단5212941
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that imports automobiles from the German automobile manufacturing chain D and sells them to designated distributors, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company that is supplied with automobiles from Defendant B and sold them.

B. On May 11, 2016, the Plaintiff entered into a contract with Defendant C to purchase at KRW 131,60,000 of the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”). Around September 20, 2016, the Plaintiff entered into a lease agreement with E Co., Ltd. (hereinafter “E”) for rent of KRW 1,854,80 for the instant motor vehicle, and on September 22, 2016, the registration of transfer of ownership in the name of E was completed.

C. Around September 22, 2016, Defendant C handed over the instant automobile to the Plaintiff and issued a quality guarantee on the instant automobile prepared by Defendant B, and the Plaintiff operated the instant automobile from around that time.

The instant vehicle, which is a diesel fuel vehicle, is equipped with a exhaust gas control device (DOC (BOC) form in order to satisfy the strengthened exhaust gas regulation (EU 6, implemented in the European Union).

DPF is a device that physically captures PM out of the exhaust gas of diesel engines using a penter, and combustions the exhaust gas temperature above a certain distance 50-600C (550-600C) after driving at a distance.

In the manual of the instant vehicle, if a warning message such as “” (hereinafter referred to as “DPF message”) is displayed in the display box of the instrument board, the meaning and measures of the instant vehicle would be prevented by the dPF pen.

It is visible that the pen will be operated in such a way that the pen can be automatically cleaned.

In other words, I will operate 15 minutes at a minimum speed of 60km/h (37mp) at the engine speed of more than 2,00 rp.

3.2 at all times.

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