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(영문) 수원지방법원 2017.06.14 2016가단525059
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The non-party C is the owner of the FEps vehicle (hereinafter referred to as the “instant vehicle”) as a person who engages in the vehicle sales business (E representative) and the installment brokerage business in Suwon-si Line D, and the Plaintiff is the owner of the E EFS vehicle (hereinafter referred to as the “instant vehicle”). The Plaintiff is the EF vehicle with the representative of C.

B. On October 7, 2014, the Plaintiff entered into, on behalf of C, a contract for the transfer and takeover of the instant vehicle with the Defendant: 124,782 km, annual food: 208, and KRW 13,500,000 for the purchase price (hereinafter “instant contract for the transfer of the instant vehicle”).

C. However, the Defendant found out the failure or failure of the date of delivery of the instant vehicle, and found gas leakage in the vehicle after the day, exchanged walking walton to exchange parts, such as driver’s seat, and found two defects in the walton part and exchanged parts. On October 27, 2014, the Defendant first requested repair to C while operating the vehicle by exchanging 20 million won at the cost of repair, but C refused repair, based on the seller’s warranty liability on November 4, 2014, and at the same time revoked the instant vehicle transfer contract with the Incheon District Court No. 2014No12405, Sept. 26, 2015 (hereinafter “Defendant No. 2016, Sept. 16, 2015”), and then received a judgment from the court of appeal No. 2015, Sept. 16, 2015 (hereinafter “Defendant No. 2016, Nov. 4, 2014”).

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