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(영문) 대구지방법원 2017.08.10 2017나1873
매매대금반환
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. The Defendants are married couple, who was the owner of Defendant B’s used vehicle D (hereinafter “instant vehicle”), and Defendant C is the part of the secondary trading company, “E” located in the Seongdong-gu Seoul metropolitan area.

B. On October 5, 2016, through Defendant C, the Plaintiff entered into a contract with Defendant B to purchase the instant vehicle at KRW 13.7 million (hereinafter “instant sales contract”) with Defendant B, and drafted a certificate of vehicle transfer (Evidence A No. 1-1, hereinafter “instant sales contract”) with the following content.

The transferor: (Public Notice) The transferee of Article 4 (Liability for Accidents) shall be held liable as a person who operates for his own in respect of all accidents that occur from the time when the motor vehicle was acquired.

Special agreement terms: All civil and criminal responsibilities arising after October 5, 2016, the 10:36 p.m. will be imposed on the plaintiff.

transferor: Defendant C (Defendant C’s signature)

C. On October 5, 2016, the Plaintiff paid KRW 13.7 million to Defendant C and received the instant vehicle.

After delivery of the instant vehicle, at a point where approximately 60 to 70 km of the vehicle was driven by the vehicle in front line, the Plaintiff’s engine warning was turned on on the engine plate of the instant vehicle, and there was a situation where the engine of the instant vehicle was taken out in the land-to-land tunnel inside the expressway.

E. On the same day, the Plaintiff: (a) called to Defendant C to call for the instant vehicle; and (b) the Defendant C recovered the instant vehicle through his her friendor to operate the towing vehicle; and (c) immediately declared that the instant contract was revoked.

F. The Defendants completed the repair of the instant vehicle on October 25, 2016, and the repair cost of KRW 7,100,000 was incurred for “the alteration of engine parts and fuel cycles.”

G. Meanwhile, this case.

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