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(영문) 의정부지방법원고양지원 2016.04.06 2015가단32922
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from the Defendant Company engaging in the used motor vehicle transaction business at KRW 15 million.

(hereinafter “instant sales contract”). B.

The Plaintiff received installment loans from a financial institution and paid the purchase price, and completed the transfer of ownership on October 6, 2015 in the name of the Plaintiff with respect to the instant automobile.

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not deliver the automobile of this case to the plaintiff.

The plaintiff will cancel the sales contract of this case on the ground of the defendant's non-performance of obligation through the service of a duplicate of complaint.

Therefore, the defendant is obligated to return the purchase price to the plaintiff with restitution.

3. In full view of the statement Nos. 2 and 5 of the judgment and the purport of the entire pleadings in the testimony of the witness B, the Plaintiff purchased used cars through C through C to provide them as collateral to the credit service provider for a loan (tentatively referred to as “motor vehicle loan”) (the Plaintiff denied the Defendant Company’s assertion that the instant motor vehicle was purchased for the purpose of the tea loan, and the Plaintiff visited the Defendant Company with C and B for the purpose of the tea loan at the date of the second hearing on the date of pleading, and concluded the instant sales contract. On the date of the conclusion of the instant sales contract, the Plaintiff confirmed the acquisition of the instant motor vehicle after being notified of the contents of the used cars inspection from the selling member and confirmed the performance of the instant motor vehicle inspection. The Plaintiff is not liable for any matters arising during the delivery of the vehicle after the delivery of the vehicle.”

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