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(영문) 서울남부지방법원 2017.01.12 2015나58339
매매대금반환
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. Basic facts

A. On August 16, 2014, the Plaintiff purchased the 222 million won of the instant automobile (E; hereinafter referred to as “instant automobile”) of the First Used Motor Vehicle Trading Company (D) operated by Defendant B, which was the second Used Motor Vehicle in 2011.

(hereinafter “instant sales contract”). B.

At the time, the Plaintiff purchased the instant automobile through Defendant C, who is an employee of Defendant B, and at the time of concluding the instant sales contract, Defendant C prepared and delivered a letter of the following contents to the Plaintiff:

The fact that there is an accident other than the performance record book, or (in the case of an accident other than the performance record book, the full refund) the buyer has made the contract to purchase and has made the contract to purchase and has taken over the vehicle, and has not notified the error in the vehicle's performance and all the conditions until the consumer has entered into the contract to purchase the vehicle, or has purchased the vehicle without notifying the error at all, and subsequent to the accident, the consumer has purchased the vehicle without knowing it at all, and any demand is made at the time D or the buyer requests full repair or other normal exchange as desired by the consumer.

In this process, the whole amount of automobiles paid at the time of purchase to the consumer as well as compensation for damage when the assault incident occurred, by providing false information on repair liabilities promised as low as above, will go beyond the consumer and be able to avoid the contract.

C. Around July 28, 2013, the instant motor vehicle had an exchange of a lifts panel and wheelchairs, etc., and according to the performance inspection register of the instant motor vehicle (Evidence 3; hereinafter “instant performance register”) issued by the Defendants at the time of the conclusion of the instant sales contract, the Plaintiff received the instant motor vehicle from the Defendants.

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