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(영문) 인천지방법원 2017.12.13 2017나62054
구상금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. Facts of recognition;

A. The conclusion, etc. of the instant sales contract - due to the characteristics of the key nature of the vehicle - the exchange and refund price due to simple changes - the ex-factory import and internal and external exemption from guarantee after notification of performance records - the full cash substitution of the Plaintiff after the Plaintiff’s payment of 10% of the panel at the time of the non-approval of the Plaintiff’s agreement to pay 10% of the installment call - the Defendant, on August 14, 2016, as a broker of the Plaintiff who is a motor vehicle dealer, sells the instant motor vehicle at KRW 20,800,000 (hereinafter “instant sales contract”).

(2) On August 14, 2016, the Defendant paid KRW 4,000,000 out of the instant purchase price to the Plaintiff by means of a card, and the remainder of KRW 18,00,000,000 from the Effective Capital Co., Ltd. was set at 36 months and annual interest rate of 16.9%.

3) On the day of the instant sales contract, the Plaintiff transferred KRW 19,000,000, including fees of KRW 1,000,000 to C’s agent, the owner of the instant automobile, and delivered the instant automobile to the Defendant. The Defendant received the instant automobile in Busan, which is his domicile. 4) The Defendant did not implement the vehicle security loan after the delivery of the instant automobile.

5) On August 29, 2016, the instant motor vehicle was transferred to the Defendant’s name, and at the time, the odometer was 153,303km. B. Performance and repair details of the instant motor vehicle) On April 23, 2016, the relevant motor vehicle company: (a) inspected the instant motor vehicle on April 23, 2016; and (b) drafted a record of inspection of the performance status of used motor vehicles (hereinafter “Plaintiff inspection record”).

On August 14, 2016, the Plaintiff issued a register of inspection on the instant motor vehicle to the Defendant.

Plaintiff

If there is an accident entered in the inspection record book (excluding simple repair): Orn milk - No one shall fluor: - No one shall fluor fluor fluor fluor : An indication of the state of a fluort motor vehicle - external fluor fluor - dluter fluor dluor fluor fluor: a replacement special engineer and inspector.

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