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(영문) 수원지방법원평택지원 2014.10.28 2013가단1902
매매대금반환 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 61,587,270 and the interest rate thereon from February 20, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The party’s relevant Defendant Matts Korea Co., Ltd. (hereinafter “Defendant Matts Korea”) is a company that imports and sells designated distributors, etc. a benz vehicle manufactured in AG, which is a subsidiary in Germany, as a subsidiary in Korea of AG. The Defendant Hansung Motor Co., Ltd. (hereinafter “Defendant Hansung Motor”) is a company that purchases and sells a vehicle from Defendant Matts Korea. The Defendant Hansung Motor Co., Ltd. (hereinafter “Defendant Hansung Motor”) is a corporation that was established for the purpose of facility leasing business and installment financing business.

B. On June 11, 2010, the Plaintiff purchased a motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) through Defendant Hansung (hereinafter “instant motor vehicle”) and entered into a lease agreement with KRW 61,587,270,000, including acquisition tax of KRW 58,90,000, as acquisition tax, as acquisition tax, and KRW 17,670,000, monthly lease fee of KRW 17,670 and KRW 17,670,000, and received delivery of the instant motor vehicle (hereinafter “the instant lease agreement”).

C. On October 2010, when the Plaintiff driven the instant vehicle and driven on an expressway between Seoul and the public, the speed of the instant vehicle itself falls below 30km per hour, and it was maintained from October 27, 2010 to October 10, 201 (15 days) from around October 27, 2010. (2) From around March 201, 201, the instant vehicle was driven by the Plaintiff while the Plaintiff driven the instant vehicle while driving on the city and driving on the road, the instant vehicle was stopped between the instant vehicle and the instant bus stopped for the signal waiting, and the instant bus was maintained from around the time to May 35, 201 (35 days).

3) On October 201, 201, the starting operation of the instant vehicle was turned out while the instant vehicle was stopped for signalling again to a patrolman, and from April to February 24 of the same month (21 days).

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