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(영문) 인천지방법원 2017.07.13 2016가단231180
매매대금반환
Text

1. The Defendant’s KRW 20,521,50 and KRW 500,00 among the Plaintiff’s KRW 20,521,50 per annum from July 5, 2016 to August 1, 2016, and the Plaintiff’s KRW 5% per annum.

Reasons

1. Basic facts

A. On June 5, 2016, the Plaintiff entered into a contract to purchase a motor vehicle listed in the separate sheet (hereinafter “instant sales contract”) from the Defendant as a used motor vehicle broker C (hereinafter “instant motor vehicle”), and determined that the sales price is KRW 15,195,920, termination fee, KRW 21,500, and KRW 81,680, the remainder of KRW 4,72,400, and KRW 20,500,00,000, which are set up on the instant motor vehicle.

On June 9, 2016, the Plaintiff received the instant vehicle from the Defendant by paying the purchase price in full.

B. On June 21, 2016, the Plaintiff notified the Defendant of the fact that “from June 11, 2016, the following day of the instant sales contract, the vehicle Hand caused one fire, and as a result of the inspection, several defects were discovered, and the Defendant did not notify the fact that the accident occurred. As the Plaintiff did not intend to maintain the instant sales contract, the Plaintiff notified the Defendant that “The Plaintiff would return KRW 20,021,50,000 paid by the Plaintiff.”

C. Meanwhile, the Defendant acquired the ownership of the instant motor vehicle on December 10, 2013. After the Defendant’s acquisition of the Defendant’s ownership, there was an accident on December 18, 2014 (cost of repair KRW 3,857,230), April 21, 2014 (cost of repair KRW 6,87,730), accident on November 13, 2015 (cost of repair KRW 1,501,60), accident on January 11, 2016 (cost of repair KRW 20,092,090), accident on March 18, 2016 (cost of repair KRW 3,738,800), and accident on March 18, 2016 (cost of repair).

The total accident of the instant motor vehicle shall be 17 times (a total of 76,51,360 won) and 10 times (13,168,724 won) in the other motor vehicle year, and the frequency of the change of the owner shall reach six times.

The Plaintiff spent KRW 300,000,000 on June 28, 2016, and KRW 200,000 on July 5, 2016, respectively, for towing costs of the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff 1.

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