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(영문) 대전지방법원 2016.06.30 2016나102472
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On January 20, 2015, the Plaintiff purchased CPoter 2 (hereinafter “instant vehicle”) from B in KRW 7,850,000 (hereinafter “instant sales contract”), and F jointly operated by D and E (hereinafter “F”) as a motor vehicle dealer.

The instant vehicle was initially registered on May 1, 2007. At the time of the instant sales contract, seven years and nine months after the date of the instant sales contract, and the odometer was 242,200km.

F inspected the performance and condition of the instant vehicle on January 15, 2015 in accordance with the Automobile Management Act, and issued a certificate of inspection of the performance and condition of the instant vehicle (Evidence A5) to the purchaser. According to the above, at the time, the instant vehicle was in good condition, and was inspected as there was no change of illegal structure, accident, flood, fuel leakage, etc., but the matters on which the seal was affixed in the part of the flurig fences were written in the column of the item of the special engineer.

The F entered into a contract between the Defendant and the head of Seo-gu Incheon Metropolitan City, the insurance amount of KRW 10,000,000, and the insurance period from July 3, 2014 to July 2, 2015, on which the automobile dealer is liable for damages under the Automobile Management Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Gap evidence Nos. 7, and the purport of the argument of the plaintiff as to the whole of the pleadings had several defects on the instant vehicle, unlike the entry of the record of inspection of the performance and condition of used cars delivered to the plaintiff at the time of the instant sales contract, and in order to repair it, 650,000 won for engine repair, 80,000 won for engine repair, brack 170,000 won, indoors, etc., 45,000 won for sight, 45,000 won for engine error, 65,000 won for engine error, 65,000 won for engine error, and 65,000 won for recreation, and 3.3.

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