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(영문) 대구지방법원 2018.11.01 2018나301341
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The defendant is a person who carries on the used car transaction business under the trade name of "E" in Daegu Dong-gu.

B. On March 2, 2017, the Plaintiff, an agent, entered into a sales contract for used cars (hereinafter “instant sales contract”) with Defendant B by preparing a certificate of automobile transfer in relation to the GcoC car (hereinafter “instant automobile”) as the purchase price of KRW 11,30,000,00, and the transferor E, transferee, Plaintiff, and automobile dealer as the “E Defendant” and paid KRW 1,300,000 as the down payment on the same day.

C. On March 3, 2017, the Plaintiff paid the remainder of KRW 10,000,000 under the instant sales contract to Defendant B, and was issued by Defendant C (hereinafter “C”) a certificate of performance and condition inspection for used cars that had no special problems with the instant motor vehicle while acquiring the instant motor vehicle.

After approximately one week from the delivery of the instant motor vehicle, the Plaintiff discovered that there was a problem in the vehicle condition while being inspected by the car center, and notified the Defendants thereof.

E. At the end of the discussion with the Defendants, the Plaintiff agreed upon the repair cycle with respect to the lower part of the vehicle, the removal of engine room corrosioning and the disposal of practical containers, and the repair of horn, etc., and on March 29, 2017, Defendant C paid KRW 400,000 to Defendant C Representative H as the repair cost of the instant vehicle.

F. Meanwhile, the error occurring in the instant vehicle (hereinafter “instant defect”) was additionally discovered.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 6, 8, and 9, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the instant sales contract, the Plaintiff purchased the instant automobile with the knowledge that there was no defect, but after being delivered the automobile, it was inspected as a vehicle corrosion at only one week, etc., and during the repair process.

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