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(영문) 의정부지방법원 2016.04.19 2015가단103876
손해배상(기)
Text

1. The Defendants jointly share KRW 4,978,600 to the Plaintiff, as well as Defendant C from April 21, 2015; and Defendant B from April 21, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C has been engaged in the automobile sales business with the trade name of “D”, and Defendant C has been working for the above company operated by Defendant C as a motor vehicle with the driver.

The parties to the contract: the transferor, the transferor, the transferee, and the Plaintiff: the trade name D and the representative C odometer: Article 5 (Liability for Legal Defects) 106,315km. (2) The buyer shall notify the Plaintiff of the details of the inspection of the performance of the automobile pursuant to Article 58 (1) of the Automobile Management Act.

Article 7 (Liability of Seller) Where a seller takes the same responsibility as a seller for any defect referred to in Article 5, and where a City/Do municipal ordinance requires the buyer to deposit a warranty bond, he/she shall pay the warranty bond preferentially to the buyer at the request of the buyer.

Provided, That a trader may exercise a right to indemnity against a transferor or a person responsible for the defect.

B. On January 9, 2015, the Plaintiff entered into a contract with Defendant B and Defendant C to purchase the instant vehicle (vehicle number E; hereinafter “instant vehicle”) with KRW 30,500,000 in the name of Defendant C in the middle of 2007, and the purchase price of which is KRW 30,50,000 (hereinafter “instant sales contract”). The main content of the contract is as follows, and at the bottom of the automobile transfer certificate (Evidence A) regarding the said contract, the Plaintiff stated “I guarantee that this vehicle is non-accident.”

C. At the time of the instant sales contract, according to the inspection record of the performance status of used cars for the instant motor vehicle that the Plaintiff received from the Defendant (a inspector: the Korea Motor Vehicle Inspection and Guarantee Association F, an incorporated association), all items, such as “n't use water in the lux sphere of the lux sphere: Yang, the lux sphere of the lux sphere and the lux sphere of the lux sphere,” “n't use water in the lux sphere, repair, and exchange of the lux sphere of the main frame

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