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(영문) 수원지방법원 2017.07.11 2016가단41872
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 3,737,080 and interest rate of KRW 15% per annum from June 2, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On March 9, 2015, the Plaintiff entered into a sales contract with the Hansung Automobile Co., Ltd. (hereinafter “ Hansung Automobile”) and Benz 350 Benz E (hereinafter “instant automobile”).

B. Before the instant automobile is delivered to the Plaintiff, the Defendant carried out the so-called “stenting” operation for the instant automobile.

The instant automobile was delivered to the Plaintiff on June 26, 2015, and the Plaintiff remitted 1,60,000 won to the Defendant for salping expenses.

C. On July 6, 2015, the Plaintiff asked the Defendant of the fact that there was a phenomenon in which the back glassing has been cut during the operation of the instant vehicle upon delivery. As a result, on August 14, 2015, the Defendant removed the existing back glass film and reconstructed.

On August 19, 2015, the lower heat line among the back glass lines of the instant vehicle was found while checking the instant vehicle at the Hansung Motor Vehicle Service Center.

In order to repair this part, the whole of the back glass was exchanged, and the repair cost was 2,137,080 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. In addition to the above basic facts, Gap evidence Nos. 4 and 5 and the purport of the entire pleadings, it appears that there was no defect in the back glass line at the time of delivery to the plaintiff of the automobile in this case, and it is likely that the heat line might be damaged in the process of removing singing films and reconstruction, and the time when the heat damage was discovered was immediately after the singing reconstruction by the defendant. In addition to these circumstances in the above basic facts, it is determined that the damage to the heat line of the automobile in this case occurred in the process of reconstruction to a singing by the defendant.

B. Damage to the heat of the instant vehicle by the Defendant.

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