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(영문) 수원지방법원 2021.01.14 2019가단542949
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On May 28, 2019, the Plaintiff entered into a sales contract with Defendant D, an employee of Defendant C (hereinafter “Defendant Company”), who is a motor vehicle dealer, to purchase one motor vehicle for KRW 8,100,000 (hereinafter “instant motor vehicle”) owned by Defendant D, who is engaged in the motor vehicle trade in the name of “E” in accordance with Defendant B’s arrangement (hereinafter “E”).

B. At the time of the conclusion of the instant contract, Defendant B issued to the Plaintiff a record of the inspection of performance and condition of used cars prepared by G as of May 16, 2019 (hereinafter “Defendant B’s inspection record”). The inspection record contains only the history of the accident and the simple repair history, whether or not the parts are abnormal, exchange of the parts, and the printing fee, etc., and there was no other special details in relation to the motor vehicle’s loss due to the vehicle’s detailed condition. Defendant B explained to the Plaintiff on the basis of the Defendant inspection record.

Meanwhile, in relation to the matters pertaining to the guarantee of the heavy performance and condition of the vehicle from the date of delivery of the vehicle, the guarantee period from the date of delivery of the vehicle is 30 days, the guarantee distance is 2,000 kilometers, and the actual performance and condition of the vehicle are different from those of the vehicle in the inspection record book, and the recognition of the history of the accident is limited to the case where the vehicle is subject to a responsibility pursuant to the relevant Acts and subordinate statutes, and the case where the vehicle is subject to the main structural frame of the vehicle due to the accident.

(c)

At the time of the conclusion of the instant contract, the Plaintiff paid 20,000 won as down payment to Defendant D, and on May 28, 2019, paid the remainder of 7.9 million won for sales and purchase and the remainder of 7.9 million won for opposing and registration fees to Defendant D, and paid KRW 700,000 to Defendant Company for sales and brokerage fees, and thereafter, the Plaintiff’s ownership transfer registration for the instant automobile is made in the future.

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