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(영문) 대전지방법원 천안지원 2017.04.27 2015가단105472
매매대금반환
Text

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

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

Reasons

1. Basic facts

A. On December 3, 2014, the Plaintiff purchased a 28,659,000 purchase price for a 20-year 2012 Esasatat 2.0 TDR car (hereinafter “instant car”) through Defendant C, an employee of Defendant B, from a medium-sized seller (D) operated by Defendant B, via Defendant C.

(hereinafter “instant sales contract”). B.

The Plaintiff, on December 3, 2014, remitted to Defendant C’s account, KRW 1,00,000 on the day of the sales contract, and KRW 27,559,00 on December 4, 2014, and received delivery from Defendant C.

C. On April 5, 2014, there was an insured incident for the instant automobile, which caused “in-house damage” in total of KRW 1,216,30, and KRW 2,679,90, KRW 2,379,300, KRW 6,275,500, and according to the records of the inspection of the performance of used cars (Evidence A2) for the instant automobile delivered by Defendant C at the time of the conclusion of the instant sales contract, the Plaintiff indicated the instant automobile as “no” in the column of accident, and there was no physical indication in the column of “the printing, receipt, and exchange of the outer upper part” and “the printing, receipt, and exchange of the main structural part of the outer upper part”.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Judgment as to the plaintiff's primary claim against the defendants

A. The Plaintiff’s assertion means that the Plaintiff intended to purchase an accident-free vehicle from the Defendants, and the meaning of the accident-free vehicle means that there is no other accident-free vehicle. The Defendants did not notify the Plaintiff of the occurrence of the accident in the instant vehicle, notwithstanding the fact that the accident

Therefore, the Plaintiff is revoked since it entered into the instant sales contract due to deception that violated the above duty of disclosure by the Defendants.

On the other hand, an error as to the accident of the instant automobile is an important part, and if the Plaintiff knew of the fact that the instant automobile had an insurance accident.

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