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(영문) 대법원 2018.09.13 2018다219413
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court rejected the Plaintiff’s claim on the ground that, based on the evidence in its holding, the subject matter of the instant sales contract is not a new car but a instant automobile, which was in the Pool exhibition of Singapore, and this does not include the basic equipment of this case

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by violating the rules of evidence or free evaluation

2. As to the ground of appeal No. 2, this part of the ground of appeal is about the court below's assumptive judgment, and as long as the judgment of the court below on the object of the instant sales contract is just, the propriety of the constructive judgment does not affect the conclusion of the judgment, and therefore, it is without merit

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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