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(영문) 인천지방법원부천지원 2020.01.14 2019가단4375
자동차소유권이전,매매대금 환불및손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On January 9, 2019, the Plaintiff concluded a sales contract with the Defendant to purchase one vehicle for camping (vehicle registration number C; hereinafter “instant vehicle”) from the Defendant to purchase KRW 49 million (hereinafter “instant sales contract”). On January 9, 2019 and January 10, 2019, the Plaintiff paid the Defendant KRW 49 million for the said purchase price.

However, as the Plaintiff confirmed the delivery of the instant vehicle by the Defendant on January 10, 2019, there were many parts such as the door of the instant vehicle and shower facilities.

Accordingly, the Plaintiff stated that the Defendant delivered the instant vehicle to the Plaintiff on March 5, 2019, which was about two months after the lapse of such two months, and the instant vehicle was unlawfully remodeled and thus impossible to conduct an inspection.

As above, the defendant deceivings the defendant as being able to normally use the vehicle of this case which is impossible to be used due to illegal remodeling or malfunction. The contract of this case was cancelled due to impossibility of performance of the defendant's obligation, and the contract of this case was revoked.

On November 15, 2019, the Plaintiff stated in the amendment that “The grounds for revocation of sale and purchase are clear by fraudulent means under Article 347 (Fraud) of the Criminal Act,” and the Plaintiff’s assertion to revoke the declaration of intention by fraud.

Therefore, the defendant is obligated to return the above purchase price of KRW 49 million paid to the plaintiff, and ② to pay damages calculated as follows.

Positive Damages: 3.5 million won (i.e., cost of preparing documents related to KRW 3.0 million for operating damages) The Plaintiff committed an act, such as visiting the Defendant and the Defendant, visiting the automobile inspection center, requesting the preparation of relevant documents, etc., in order to resolve the problem of the instant vehicle that was illegally remodeled. Accordingly, the Plaintiff suffered damages of KRW 3 million due to the Plaintiff’s personal taxi business trouble (=15 days x 2,000 won).

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