1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 16, 2017, the Plaintiff entered into a sales contract with the Defendant for a motor vehicle model D model D model D model D (hereinafter “instant motor vehicle”) with KRW 216,470,00 (motor vehicle price of KRW 226,10,000, option price of KRW 5,870,000, and KRW 15,500,000).

The defendant is a corporation that carries on trade business including automobile export and import, sales, etc., and automobile sales business.

B. On September 16, 2017, the Plaintiff concluded a car lease agreement with E on the instant vehicle, and received the instant vehicle delivery on September 28, 2017.

C. Meanwhile, on October 10, 2017, C had disclosed the fact that the F model was scheduled to be modified, and around that time, C had been informed to the Republic of Korea through the news articles of the domestic media company. Around April 2017, C had already posted an article about the F model to be modified.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion is that the Defendant sold the instant vehicle by deceiving the Plaintiff without intentionally notifying the Plaintiff in order to smoothly sell high-priced vehicles with the knowledge of the change of the model of the instant vehicle, which had already been anchored at the time of the instant contract, without intentionally notifying the Plaintiff, and the Plaintiff did not pass two weeks after the purchase and delivery of the instant vehicle from the Defendant, thereby causing damage to the instant vehicle as the model.

The Plaintiff suffered a loss equivalent to the aggregate amount calculated by multiplying the difference between the sale price in the case where the Defendant assumed the Defendant’s duty of disclosure due to the Defendant’s breach of the duty of disclosure and the actual sale price of the instant vehicle by the lease interest rate. As such, the Defendant is obliged to pay the Plaintiff the amount of KRW 50,000,000 as a partial claim among the Plaintiff’s damages, and damages for delay incurred from the date of payment

B. First of all, determination.