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(영문) 서울중앙지방법원 2018.10.24 2017나80266
손해배상
Text

1. The part of the first instance judgment against the Defendants among the Plaintiff and the Defendants is revoked, and the revocation part is revoked.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings, on the statements in Gap evidence Nos. 1 to 3, 5, 6, 9, 10, 13, and Eul evidence Nos. 1 to 6 (including video evidence No. 3).

The Defendants and Co-Defendant C of the first instance trial (hereinafter “C”) are engaged in the business of trading of used cars, and Defendant B is engaged in the business of Defendant D Co., Ltd. (hereinafter “Defendant Company”).

B. The Plaintiff decided to report and purchase the Plaintiff’s “Worar E” motor vehicle (the manufacture, 2009 formula, and registration number E, hereinafter “instant motor vehicle”) advertised by Defendant B as the agent of the Defendant company at the Internet medium-sized sales site, and requested C to purchase the Plaintiff’s motor vehicle prior to towing, and to assist C to sell and purchase the instant motor vehicle.

C. C proceeds from the process of purchasing the instant motor vehicle by Defendant B, who is an employee of the Defendant Company, and the Plaintiff was also driving the instant motor vehicle with the trial of the instant motor vehicle, and then entered into a sales contract for the instant motor vehicle on May 4, 2016, with the following fact: (a) confirmed that “the odometer is 110,860km, and the engine, etc. are 10,860km, and the engine, etc. are not in any particular way; and (b) concluded the sales contract for the instant motor vehicle on March 21, 2016.”

(hereinafter “instant sales contract”). D.

At the time of the conclusion of the instant sales contract, the nominal owner of the instant vehicle: F, around February 27, 2015, entered into the instant sales contract, had the ownership transfer registration completed at a distance of 79,000km between F and the Plaintiff. The instant sales contract was directly entered into for transaction between F and the Plaintiff; and the Plaintiff on May 4, 2016.

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