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(영문) 서울동부지방법원 2016.08.31 2016나20659
손해배상(기)
Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Expenses for filing an application for the return of the provisional payment of the appeal.

Reasons

1. In the first instance court, the Plaintiff sought damages equivalent to KRW 8,360,000 and KRW 5,000,000 for the Defendant’s warranty liability, etc., and the first instance court accepted the claim for damages equivalent to the lending and borrowing fee and dismissed the claim for consolation money.

Since the defendant appealed against this, the subject of the judgment of this court is limited to the claim for damages equivalent to the above loan fee.

2. Basic facts

A. The Defendant is a sales agency for the Pods Business Korea Limited Liability Company (hereinafter “Pods Korea”) that sells vehicles from U.S. Pods Pos Pos Pos Pos Pos Pos Pos

B. On September 25, 2013, the Plaintiff purchased Mads Ba B (hereinafter “instant automobile”) from the Defendant, and around that time paid KRW 47,567,00 as vehicle prices and registration fees.

C. On May 18, 2014, when the Plaintiff was using the instant vehicle, there was a phenomenon in which the trial operation of the said vehicle took place, and on the same day, the instant vehicle was put into the Busan Arts Service Center, but the Defendant refused to accept the guarantee on the ground that the Plaintiff remodeled the Epirier around June 26, 2014 after the engine decomposition inspection, etc.

On July 21, 2014, the Plaintiff received the second guarantee, and obtained the approval of the guarantee from the U.S. World's Guarantee Team, and the Defendant completed the repair of the instant vehicle on August 22, 2014 according to the said approval.

E. From July 2014 during the above repair period, the Plaintiff refused to rent the instant vehicle to the Plaintiff from July 1, 2014, and the Plaintiff leased and used bents E20 CDs from U.S. Co., Ltd. during the 19th day from July 10, 2014 to July 29, 2014, and the rental cost incurred by the Plaintiff is KRW 8,360,00 (40,000 x 19 days + value-added tax 760,000).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7 (including each number).

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