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(영문) 서울고등법원 2012.07.24 2011나47796
매매대금반환 등
Text

1. Of the judgment of the first instance court, the part against Defendant M&W Korea Co., Ltd. shall be revoked.

2. The plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in view of the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 to 4, and 7.

On October 1, 2010, the Plaintiff, Co., Ltd. (hereinafter “Coultex”), Coultex Co., Ltd., in the course of the instant lawsuit, divided the automobile sales business division related to the instant lawsuit on August 2, 2011, and established Coult SPP Co., Ltd., Ltd. on December 30, 201. On the same day, Coult construction Co., Ltd., Ltd changed its trade name from Coult Global Co., Ltd. to Coult Global Co., Ltd., Ltd. (hereinafter “Coult Global”) and transferred its status as Defendant and Appellant, following the procedure of lawsuit acceptance.

The “2010-type BMW 520-d 1”) purchased KRW 62,400,000 from the sales price (hereinafter “the instant sales contract”) and received the automobile indicated in the attached Form No. 10-type BM 520-d 1 (hereinafter “the instant automobile”) from the Corogle Trote on October 10, 2010.

The instant motor vehicle is imported from the head office of the German IMBS Korea Co., Ltd. (hereinafter “Defendant BMB”), and sold the instant motor vehicle to the Koogleex on commission. At the time of the said sales contract, the Defendant BMB issued the Plaintiff a quality assurance certificate for the instant motor vehicle.

B. On October 15, 2010, the delivery date of the instant vehicle was 5 days after the Plaintiff’s operation of the speed gauge of the instant vehicle (1). On October 15, 2010, the Plaintiff discovered that the speed limit of the instant vehicle meter does not work at all, and contacted with “BMW Mobre” (hereinafter “emergency transport service center”).

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