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(영문) 전주지방법원 2018.08.08 2017가단4302
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. Plaintiff 1) at the time of June 11, 2009, the Plaintiff purchased one Track (the model name: 9205, manufacturing number: cV6S0045) for agricultural use at 5,340,000, and received the Track from the Defendant around June 13, 2009, while the Plaintiff was transferred the Track from the Defendant and used the Track, the Plaintiff was examined in detail on the Track as the engine board of the Track was abnormal so that the Track does not work in a state with a difference of oil pressure. Accordingly, it was found that the Track was found that the Track was loaded with soil in the Track part of the Track part.

3) Accordingly, the plaintiff returned the above Track to the defendant side, and after about one week thereafter, he was handed over another Track from the defendant as a new Tracker. The defendant did not have any specific difference with the Tracker before returning, while the Tracker was used frequently and requested the defendant to exchange the Track as a new product, but the defendant did not comply with the plaintiff's request. However, on February 2013, the plaintiff was issued by the defendant as of June 20, 2009 (Evidence 3-1 of No. 3) and the shipping certificate (Evidence 3-2 of No. 5 of No. 1) issued again on August 2009 and the shipping certificate issued by the defendant as of August 30 of 2009 that the Track 20-1 of No. 3600 of the Track 2050 of the Track 360 of the Track 208 of the Track.

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