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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's primary claim corresponding to the above part shall be revoked.
Reasons
1. Basic facts
A. On July 22, 2011, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase a type BMW 740Li vehicle (e.g., color 290 Splosto greybriant) with a purchase price of KRW 122,400,000,000,000 (hereinafter “instant vehicle”). On August 2, 2011, the Plaintiff was handed over by the Defendant as indicated in the separate sheet (hereinafter “instant vehicle”).
B. On July 28, 2011, the Plaintiff entered into a contract for installment financing with the social service Korea Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) with the term of contract of 36 months, the amount of loan application KRW 91,132,363, and monthly payment of KRW 2,986,578.
C. On July 22, 2011, the Plaintiff paid the Defendant a down payment of KRW 2 million, and KRW 38,996,00,00 in advance on July 28, 201, respectively. The Plaintiff paid KRW 2,986,578 on August 29, 201 to the non-party company as a vehicle installment, and paid KRW 2,986,578 each month from September 28, 201 to December 28, 2011.
1) The instant motor vehicle was repaired after being stored at the Defendant’s Incheon Services Branch due to abnormal points such as engine warnings, etc. on September 8, 2011 (the odometer 614km).
(2) From September 12, 201, when the Plaintiff’s vehicle was driven in the instant vehicle from around September 12, 201 to from around 201, the Plaintiff’s Party E saw that the instant vehicle was driven by a sudden shock rate of 25 to 35 km at a point in speed. When the symptoms were continued, the Plaintiff’s urgent call service center was received on September 23, 201, and the Plaintiff’s emergency call service center was to check the speed of change as a result of trial operation with E, and to tow the instant vehicle to the Incheon Service Branch on September 26, 2011.
3) The Incheon service point confirms that the instant vehicle entered into on September 27, 201 had a speed of 1,146 km and implements the test of trial operation after adjusting the eculatory control program.