1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Facts of recognition

On April 19, 2010, the Plaintiff purchased from the Defendant 2010 Passatat 2.0 TRI (hereinafter “instant motor vehicle”) for KRW 45,300,00 (including value-added tax) for the purchase price, and paid the price to the Defendant around that time, and then received the said motor vehicle.

The Plaintiff paid KRW 2,059,090 for the instant automobile, and KRW 823,630 for the acquisition tax.

On September 25, 2012, the Plaintiff received repair of the instant vehicle from the Defendant on several occasions due to the reason that the seat seat of the instant vehicle was pushed behind while driving, etc., and was repaired by the Defendant on several occasions due to the following reasons, such as the malfunction of the post-powered engine.

On November 28, 2013, the Plaintiff was inspected by the Defendant on November 28, 2013. The Defendant’s employee in charge of repair was different from the chassis number of the instant vehicle (C) and the chassis number of the franchise installed therein, and discovered the fact that the franchise in the form of MFL was installed, not the LET type, the original installation, and notified the Plaintiff thereof.

[Ground of recognition] The defendant, who has no dispute, written evidence Nos. 1 through 10, and the purport of the whole pleadings, sold the automobile of this case to the plaintiff without installing a wrong franchise.

Since this constitutes a defect in the sale of a kind of goods, the plaintiff can exercise the right to claim the payment of complete goods against the defendant under the warranty against defects.

Therefore, at the same time with the delivery of the instant vehicle from the Plaintiff, the Defendant is obligated to deliver to the Plaintiff the instant vehicle of 2010 type Passat 2.0 TDI (pas, color 8E), which is the same new vehicle as the instant vehicle, and to implement the procedure for registration of transfer of ownership on the said vehicle as of April 19, 2010.

The defendant's ancillary claim is the same.