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1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 76,807,540 to the Plaintiff and the period from November 20, 2015 to June 23, 2016.
Reasons
1. Determination on the cause of the claim
A. (1) On October 6, 2015, the Plaintiff, an agent of Defendant B, concluded a sales contract of KRW 77,000,000 (hereinafter “instant sales contract”) with Defendant C for D concrete mixing vehicles (one-time, ready-mixed vehicles; hereinafter “instant vehicle”), and subsequently, paid the remainder of KRW 76,00,000 at a discount of KRW 1,00,000 out of the sales amount.
(2) Ordinary ready-mixed vehicles released domestically are vehicles that can load 15 tons of 15 tons, and the instant vehicle is a vehicle manufactured for the first time by installing a ready-mixed drum in 6 cubic meters from 6 cubic meters on the truck that can load 9.5 tons of 9.5 tons in the penta Corporation on the new penta, Inc.
(3) The loading of ready-mixed vehicles at a construction site is based on 6 cubic meters, and 6 cubic meters of ready-mixeds are likely to cause an accident to occur on the instant vehicle manufactured to load approximately 15 tons and about 9.5 tons of ready-mixeds with a weight of about 15 cubic meters.
(4) Although a stable is installed on the instant vehicle, it is difficult to set and operate a axis through a construction site.
(5) In general, it is difficult to distinguish the instant vehicle from 15 tons from the instant vehicle by appearance, and does not appear in the construction machinery inspection certificate and the construction machinery register as presented by the Defendants at the time of concluding the instant sales contract, as to whether the size of the instant vehicle is limited to 6 cubic meters and can have a few tons of the instant vehicle.
(6) On November 5, 2014, Defendant C had the instant vehicle transferred to Defendant C on November 12, 2014, and was transferred to F on December 18, 2014, and was transferred to F on January 2, 2015.
[Ground of recognition] Unsatisfy facts, Gap evidence 1 to 3, Gap evidence 6, 7, and Eul evidence 1 to 4.