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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Defendant, who entered into a sales contract for used cars, is a company that sells used cars at large.
On October 24, 2017, the Plaintiff entered into a motor vehicle sales contract (hereinafter “instant contract”) with the Defendant, setting the sales price of KRW 90 million with respect to the used motor vehicles in the 2017-type CD (hereinafter “instant motor vehicles”) owned by the Defendant.
A motor vehicle dealer is also the defendant in the contract of this case.
B. The main contents of the record of inspection of the performance status of used cars (hereinafter “instant record”) issued to the Plaintiff at the time of the instant contract are as follows.
On May 4, 2017 to May 3, 2021, for the term of validity of 8,062km-type 2017 Inspection: the major device condition (excluding simple repair): It is indicated in the “nive”, “defens”, or “nick” column with respect to all items other than those in which six items deemed irrelevant to the instant vehicle are in blank.
C. Before delivery and delivery of the instant vehicle, the Defendant purchased the instant vehicle from E on October 11, 2017. At the time of purchase, the odometer was 8,062 km in the vehicle purchase letter (Evidence No. 4) and the mileage was 8,062 km in the vehicle repair history and vehicle characteristics as “undeterminedable insurance history, but typ-transfer processing box” as the characteristics of the vehicle related to the purchased vehicle, and each of them is written as “insurance processing one case, but destroyed by being destroyed by the relationship of construction on the road and caused insurance treatment.”
On the other hand, the instant vehicle has been repaired on September 28, 2017 by the front left-hand side.
At the time, the odometer of the instant vehicle 3,796 km
A. The Defendant explained to the Plaintiff that the length of the instant vehicle was replaced before the instant contract was concluded, and delivered the instant vehicle to the Plaintiff around the date of the instant contract, and at the time, the odometer of the instant vehicle was 8,080km.