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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. is a company that imports automobiles from English automobile manufacturing chain D and sells them to designated distributors, etc., and the Defendant is a company that purchases and sells automobiles from C.
B. On April 26, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase an automobile listed in the separate sheet (hereinafter “instant automobile”) from the Defendant for KRW 178,00,000.
C. On April 28, 2016, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with E Co., Ltd. (hereinafter “E”) by stipulating that the vehicle price is KRW 168,576,00, the lease period is 60 months, the lease fee is 2,69,974 won per month, the ownership of the instant automobile is in E, and the Plaintiff has only the right to use the instant automobile. In the event the Plaintiff received the instant automobile and issued the automobile acquisition certificate, the Plaintiff may not refuse to perform his/her obligations, such as the payment of the lease fees, on the grounds of delayed delivery or defect of the automobile.
E on April 29, 2016, the ownership transfer registration for the instant motor vehicle was made in its name, and on the same day, the Plaintiff was handed over by the Defendant and used the instant motor vehicle from that time.
E. On May 17, 2016, the Plaintiff: (a) filed an accident with the Do-dong operating the instant vehicle in the Gangnam-gu Seoul Metropolitan City, where the Do-dong started; (b) on August 3, 2016, when the Party-to-copis into the city, there occurred a phenomenon that the dong-dong turned out on the roads from “F” located in the luminous city; and (c) on November 24, 2016, the Plaintiff filed a claim for the inspection and repair of the instant vehicle at the G Service Center operated by the Defendant (hereinafter “instant Service Center”) on three occasions, by asserting that there was a phenomenon that the dong-dong was turned out while entering the direction of a mountain as the materials of Seoul Metropolitan City.
F. The “Motor Vehicle Maintenance LIT” prepared by the Service Center after checking and repairing the instant motor vehicle is as follows.