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(영문) 수원지방법원 2018.08.28 2017가단506536
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in construction machinery rental business, etc. under the trade name of “E”.

Defendant D was an owner of 25.5 tons of b5 tons Esco dump trucks (hereinafter “instant truck”) from February 2016 to December 20, 2016, who was engaged in construction machinery leasing business, etc. under the trade name of F.

Defendant B is a person who acts as a broker for the sale and purchase of construction machinery with the trade name of H, and Defendant C is a motor vehicle with H.

B. On December 8, 2016, with respect to the instant truck, a construction machinery transfer certificate (for a trader) with the following content was prepared.

Pursuant to Article 72 (2) of the Enforcement Rule of the Construction Machinery Management Act, it is proved that the next construction machinery sales contract has been transferred.

On December 8, 2016, the sales contract amount of D (sealed, Signature): KRW 43,00,000 down payment of KRW 43,00,000, the intermediate payment of KRW 751 on December 7, 2016, KRW 1 (Indication of Parties) KRW 23,57,249 on December 23, 2016, and KRW 1 (Indication of Parties) shall be determined as “A” and “A” shall be determined as “A”.

Article 3 (Liability of Construction Machinery Sales Agents) Construction machinery sales agents shall inform Eul of the performance, etc. of this construction machinery on behalf of Gap through the performance inspection mark of construction machinery, and Eul shall not be liable to Gap for any reason, such as breakdown or defect of construction machinery after he/she has acquired this construction machinery.

Article 4 (Liability for Accidents) A person shall be held liable for any accident that occurs from the time the construction machinery was acquired to him/her on his/her behalf.

Article 5 (Liability for Legal Defects) In cases of any defect, such as Non-performance of Administrative Disposition or Change of Registered Matters, which occurred prior to the delivery of construction machinery, A shall be liable therefor.

Vehicles subject to special agreement shall be traded at cash prices in the current state.

After the acquisition of vehicles, the transferee shall immediately subscribe to the comprehensive liability insurance, and all civil and criminal liabilities incurred by the delay or neglect thereof shall be borne by the transferee.

Vehicles shall be:

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