beta
Text
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In order to carry on trucking business, the Plaintiff purchased treatment 4.5 tons of a truck, and installed a string to remodel the said vehicle into a truck with a load load of nine tons through the Korea Commercial Truck Co., Ltd. (hereinafter “Korea Commercial Truck”). On November 24, 2014, the Plaintiff entered into a contract with the Defendant, a manufacturer of freezing and a special truck, setting a price of KRW 44,968,00 with respect to the business of installing a wing wing wing, etc. on the said vehicle (hereinafter “instant contract”).
B. The written estimate attached to the instant contract states that the size of the cooling wing wing wing wing machine is 8,500m in length x a maximum of 2,400m width x a height of 2,500m x a maximum of 2,500m in width x the Plaintiff paid the Defendant the down payment of KRW 2.2 million at the time of the conclusion of the said contract
C. On December 4, 2014, the Defendant: (a) received a vehicle from the Plaintiff to install a wing wing engine; (b) subsequently, on December 29, 2014, the Defendant applied for the acquisition of the instant vehicle by asserting that the Defendant installed a wing wing engine with the length of 8,300 meters 】 width x 2,400 meters x the height of 2,500 meters x the Plaintiff after completing installation on the said vehicle; (c) however, according to the written estimate attached to the instant contract, the Plaintiff refused to accept the instant vehicle by asserting that the wing wing engine was installed with the length of 8,500 meters.
On April 30, 2015, the Plaintiff deposited KRW 42,768,00 for the remainder of KRW 42,768,00 according to the instant contract with the Suwon District Court (Seoul District Court Decision 2015Da4177, Apr. 30, 2015). On May 21, 2015, the Plaintiff took over the instant vehicle from the Defendant and is currently running cargo transport business using the said vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 11 and 12, the purport of the whole pleadings
2. Relevant statutes/ [Motor Vehicle Management Act] (1) Motor vehicles shall not exceed the performance and standards necessary for safe operation of structures and devices prescribed by Presidential Decree;