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(영문) 서울중앙지방법원 2015.05.19 2014나23781
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance.

(2) From the second part of the second part, “Around July 7, 2012” is dismissed as “ around July 7, 2008,” and except for the addition of the following judgments as to the matters alleged by the Plaintiff in the trial, it is consistent with the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

It is difficult to reverse the conclusion of the judgment of the first instance on the basis of the fact-finding results on Korea Co., Ltd. in the trial.

2. The Plaintiff asserts that, as the broker of the instant sales contract, the Defendant breached its duty of care to verify whether the instant vehicle was stolen or not pursuant to Articles 12(2), 58(1), and 58-3(1) of the Automobile Management Act, and thus, the Plaintiff is liable to compensate the Plaintiff for damages incurred therefrom.

A motor vehicle dealer who has registered the motor vehicle transaction business under Article 53 (hereinafter referred to as "motor vehicle dealer") shall file an application for the registration of transfer under paragraph (1) in lieu of a buyer where he/she sells or arranges the sale of a motor vehicle, and where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall notify the buyer of the motor vehicle of the following matters in writing before entering into a transaction contract, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:

1. Details which a motor vehicle performance and condition inspector inspects the performance and condition of the structure, devices, etc. of the relevant motor vehicle (within 120 days from the date of inspection);

2. Whether seizure and mortgage are registered;

3. A commission or charge received in accordance with Article 65(1);

4. A motor vehicle dealer shall be a motor vehicle dealer in the first sentence of Article 58-3(1), stating that the motor vehicle price is investigated and calculated if the buyer wishes.

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