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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 2018, the Plaintiff sold one dump truck owned by the Plaintiff (hereinafter “dump truck of this case”) to the Defendant for KRW 5 million, and agreed to pay KRW 3 million among them on the date of the contract, and the remainder of KRW 2 million on the construction machinery register as stated in the above dump truck’s construction machinery register to be paid upon cancellation of provisional attachment.
(hereinafter “instant sales contract”). B.
The Defendant paid KRW 3 million to the Plaintiff at the time of the conclusion of the instant sales contract, and the Plaintiff delivered the instant dump truck to the Defendant.
C. On December 5, 2018, the Plaintiff, recorded on the construction machinery register of the instant dump truck, had the aforementioned provisional seizure cancelled.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above recognition of the cause of the claim, the Defendant is obligated to pay the remaining purchase price of KRW 2 million and delay damages to the Plaintiff.
3. The defendant's argument as to the defendant's assertion argues that since the defendant received the dump truck of this case and examined the result, two dump truck of this case were replaced with unconstitutional as a result of the previous examination, and since the vehicle was in a state immediately before the failure of the vehicle, the plaintiff's total amount of KRW 3,010,400 was paid at its repair cost, it cannot respond to the plaintiff's argument, and the plaintiff asserted that there was a special agreement to exclude the plaintiff
In full view of the purport of the entire arguments as seen earlier, the following circumstances, namely, a dump truck of this case, even though it was a truck with 15 tons truck, the purchase price of which is only five million won, which is stipulated in the sales contract of this case that the Defendant cannot be held liable due to the failure or malfunction of the truck after acquiring the dump truck of this case, and the remainder after the Defendant received the dump truck of this case remains in the remainder of two million won.