(영문) 인천지방법원 부천지원 2018.08.23 2018가단103527

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(영문) 인천지방법원 부천지원 2018.08.23 2018가단103527

부당이득금

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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 30, 2017, the Plaintiff entered into a contract for the secondary sales of the Defendant and BMW 520D vehicles (vehicle number C, vehicle number 1, April 1, 2017, odometer 10,598 km, and hereinafter “the instant vehicle”) with the Defendant and BMW 520D vehicles for KRW 46,50,000.

(hereinafter referred to as “the instant sales contract”);

B. The “record of checking the performance and condition of a middle and high-speed vehicle” that the Defendant delivered to the Plaintiff was “accidented vehicle”, and “postp, flurging, dump fences, dump dump, dump dump, and exchange” was indicated as “syp, dump, dump, and exchange on the part of the off-board dump panel, a member pool,” and the “syp, dump, and exchange” was indicated as the “syp, internal control, exclusion of guarantee, dump, and damage to the members of the community.” The “sypical engineer and inspector’s opinion” was indicated as “damage to the members of the community.”

C. The Plaintiff paid KRW 46,500,000 to the Defendant for the secondhand sales.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was that there was an accident on the wheelchairs, and the Defendant did not notify the Plaintiff of the defect in itself, and concluded the instant secondary sales contract without knowing the defect.

In light of such circumstances, the Plaintiff did not enter into the contract for the secondhand sales of this case. Accordingly, the Plaintiff’s cancellation of the contract for the secondhand sales of this case on the ground of mistake, and the Defendant agreed to repair the secondhand car and failed to implement it even though the Plaintiff agreed to guarantee the secondhand A/S center for two years, and the Defendant did not perform it even though it guaranteed that there was no accident on the two wheelchairs stand part and there was no defect in itself. Therefore, the secondhand car of this case was used.

유사 판례

-인천지방법원부천지원 2015.03.26 2014가단33941

-서울중앙지방법원 2017.11.02 2017나34003

-의정부지방법원고양지원 2015.02.05 2014가단66379

-대전지방법원 천안지원 2017.04.27 2015가단105472

-인천지방법원 2018.07.05 2018나51723