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(영문) 서울남부지방법원 2015.06.04 2014나8016
매매대금
Text

1. The part of the judgment of the court of first instance against the respondent shall be revoked;

The plaintiff's claim against the above cancellation shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. On July 25, 2013, the Plaintiff: (a) purchased the instant vehicle B in the Orm rink Co., Ltd. (hereinafter “instant vehicle”); (b) KRW 18,300,000,000; (c) received the vehicle performance inspection register (A evidence 1; hereinafter “instant register”) from the Defendant on July 17, 2013; and (d) stated that only the front left part of the instant vehicle is replaced; and (c) stated in paragraph (18) of the instant register that “the check of the condition of the instant vehicle” only the front left part of the instant vehicle is replaced.

B. However, with respect to the instant vehicle, the report on the history of the heavy accident on the instant vehicle that the Korea Insurance Development Institute disclosed to the public has had several previous accidents related to the instant vehicle (i.e., the exchange of luxembs and pans with the front one on or before December 1, 2008; (ii) exchange of the front one with the front one on or around January 30, 2009; and (iii) exchange of the front one with the front one on or around March 31, 2009; and (iv) exchange of the front two sides and the front one on or after the right side pentembembembs and the front one on or after the right side on March 31, 2009; and (iv) exchange of the front one on or around October 24, 2012.

[Grounds for Recognition: Facts without dispute; entries in Gap evidence 1 through 7; head of the Insurance Development Institute; head of each fact inquiry into the same fire insurance company; purport of the whole pleadings

2. As alleged by the Plaintiff, even though there were several insurance accidents on the instant vehicle, the Defendant indicated only the front side part on the instant vehicle register. Accordingly, the period required to investigate the history of the instant vehicle’s accident, which is expected to increase in repair cost in the future, by believing the said register prepared differently from the facts and purchasing the instant vehicle in the amount of KRW 18.3 million in total, by purchasing the instant vehicle in the amount of KRW 4 million.5 million.

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