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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On November 1, 2014, the Plaintiff entered into a contract on the instant vehicle with the Defendant (E; hereinafter “instant vehicle”) with the Defendant, a company affiliated with the company D for the secondary and secondary sales of ha, and paid the down payment by setting the down payment as KRW 2,00,000, and transferring the said down payment to the account of the co-defendant C of the first instance trial that the Defendant designates.
B. Around October 28, 2014, the Plaintiff received a record of the inspection of the performance of used cars (hereinafter “instant record”) from the Defendant on October 28, 2014. In the instant record, the “a simple repair is not possible” under Article 13 (13) of the records of this case, the “unclaimed” column.
(1) The phrase "matters, etc. concerning the guarantee of performance status inspection" in the register of this case is limited to the case where there is a plate, acceptance and exchange on the main structural frame of a motor vehicle due to an accident, provided, however, that the schedule of the watch panel, the quota panel, and the Cricking Panel shall be marked only on the ground of an accident, and that it is marked only on the adjoining time (this does not include as simple repair any plate, gold, receipt and exchange on the external board, such as the frring, grick, grick, etc., and the fracker and the fricker).
B. However, the Insurance Development Institute’s report on the history of a serious accident on the instant vehicle disclosed to the public is deemed to have had the history of an insured incident (i.e., repair cost of KRW 4,071,330 on or around September 20, 2012, and (ii) the occurrence of insurance proceeds of KRW 1,91,000 on March 19, 2014) on the instant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 3 (including additional numbers), the purport of the whole pleadings
2. The assertion and judgment
A. At the time of entering into the contract on the instant vehicle, the Plaintiff expressed his intent to purchase the instant vehicle on condition that the instant vehicle is an accident-free vehicle, and the Defendant also displayed the instant vehicle register to the Plaintiff, while the instant vehicle did not occur.