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(영문) 청주지방법원 2017.11.17 2016가단5788
손해배상(기)
Text

1. The Defendant’s KRW 26,370,780 as well as the Plaintiff’s annual rate from May 17, 2016 to November 17, 2017.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) The Plaintiff is a person who engages in mid-term leasing business with the trade name “B”. 2) The Defendant is a company that purchases a truck from a manufacturer of a motor vehicle and removes existing cargo loading, instead of installing equipment for filing a complaint, manufactures and sells a motor vehicle with the device for filing a complaint.

B. The Defendant’s manufacture and sale 1) “NVA-S45HD” was submitted to a performance test agent pursuant to Article 30(4) of the Automobile Management Act and Article 39 of the Enforcement Rule of the same Act as to the type of the accusation vehicle (hereinafter “NV No. 1”) and obtained the original management number (type approval number) stating “B5E1-004-000-4306” (hereinafter “the original management number of this case”).

A) Total weight of a vehicle: 12,045km, 3,590 meters in height of the tea, 3,590 meters in height of C: 5 group 37 meters in height (inboard: two workers or 300 km in freight). However, the Defendant did not manufacture and sell the product “Scarz 600 Q products” with the original management number of the instant case, which is “5 group 37 meters”. The Defendant manufactured and sold the product “Scarz 600 Q products” with the original management number of the instant case.

(C) At that time, the Defendant’s boom 17.5m of “Scarz 200 Q, work height of 17.5m,” “Scarz 350 Q, work height of 6 parts of boom group,” “Scarz 350 Q, work height of 31m,” “Scarz 60 Q, work height of 7 parts of boom group,” “Scarz 600 Q, work height of 40m,” and “ 7 parts of boom group 7 parts of boom, work height of 46m” (limited to four categories of Scarz 70 Q, work height of 20m).

On October 22, 2007, the Defendant sold Scar 60 Q products to D. However, the written contract was written to sell Scar 500 Q. 2) On November 26, 2007, the Defendant sold the instant complaint work vehicle with the following content to D on November 26, 2007:

B manufactured and delivered B, and D on March 24, 2008.

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