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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who carries on cargo transport business as a truck owner.
On April 18, 2014, the Plaintiff entered into a contract with Nonparty C to purchase KRW 51 million for the purchase price of the instant vehicle, which was owned by the Defendant and the Defendant (hereinafter “instant vehicle”). The instant vehicle, as the ground-in vehicle, was in the name of the main owner).
(The provisions of the contract in relation to this case are as follows). Article 2 (Liability for Warranty) (A) shall not be liable to A for any malfunction, defect, etc. of this vehicle after taking over this vehicle from A (transferr).
Article 3 (Liability for Accidents) A shall be responsible for all accidents that occur from the time when a vehicle is taken over.
Article 4 (Suspension of Operation) A shall compensate for 100,000 won per day of suspension of operation to B.
B. The Plaintiff paid the full purchase price to the Defendant by April 30, 2014, and acquired the instant vehicle from the Defendant on May 8, 2015.
The Defendant registered the instant vehicle in the name of the Plaintiff’s logistics company.
C. The instant vehicle is a newly registered vehicle on March 3, 2003.
On July 6, 2012, the instant vehicle received the odometer from the odometer as a package of the odometer on or around July 6, 2012. The odometer was 1,540,439 km prior to the alteration.
(F) On May 8, 2014, the odometer of the instant vehicle is 1,672,90km, which was confirmed at the time of inspection at the Gibyter's shop (jum) dynam on May 8, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The intent of the Plaintiff’s assertion was accepted, and the instant vehicle was not operated any longer due to a malfunction after a day of operation, and was repaired on three occasions, such as the replacement of drum 10 persons over three occasions, and the additional estimate was received due to the lack of normal operation even after a day of operation.
The defendant shall compensate for the defect of the vehicle of this case and damages caused thereby.
that loss shall be.