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(영문) 서울중앙지방법원 2018.07.26 2017나28138
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On October 27, 2016, the Defendant was a person engaged in the automobile trade or brokerage business under the trade name of “C”, and on October 27, 2016, the Plaintiff purchased KRW 15,400,000, including the sales brokerage commission, registration fee, agency fee, management fee, etc., owned by E through D, an employee of the Defendant.

(Provided, That the motor vehicle transfer certificate shall contain 13,317,00 won, registration fees and agency fees of 693,000 won, 200,000,000 management fees, and 450,000 won.

On October 29, 2016, the Plaintiff was using warning, etc. on the instrument board immediately after the delivery of the instant vehicle, and received a vehicle inspection at the Bosch Rexroth Service Center on October 29, 2016, and the estimate of repair costs, such as warning, was 367,000 won (including value-added tax). The Plaintiff became aware that the instant vehicle is an engine-related vehicle.

C. After that, on November 4, 2016, the Plaintiff visited the Bosch Rexroth Service Center to undergo a re-inspection of the instant vehicle, which led to the Plaintiff’s need to repair the instant vehicle due to the degree of sealedness between the fuel pressure center and fuel supply pipe, the over-fluor defect, damage to the front of the driver’s seat, mintain oil, the front disc cap and transformation, the front left-hand dog string, the hacker’s shock, the hacker’s operating failure, the hackner, and the air conditioner’s pollution.

The Plaintiff demanded refund, etc. of the instant vehicle through D, but did not reach an agreement with the Defendant, and on November 25, 2016, sold the instant vehicle at KRW 5,500,000 to G, which is another company selling the instant vehicle.

E. The provisions of the Automobile Management Act relating to the instant case are as follows:

Article 58 (Duty of Notification and Management of Motor Vehicle Management Business Entities) (1) Where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall make the following matters to the purchaser of the relevant motor vehicle before entering into a sales contract:

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