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(영문) 서울고등법원 2013.01.23 2011나83310
완전물급부 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 4,645,90 as well as to the plaintiff on July 2010.

Reasons

1. As to the Plaintiff’s claim for damages on the ground of the defect of a vehicle as set forth below, the Defendant, on the ground that there was an agreement among the original Defendant to file a lawsuit, and thus, the instant lawsuit is unlawful as there is no benefit in the protection of rights.

According to the evidence No. 1, D, the representative director of the Plaintiff, is recognized as the fact that he/she agreed to take over the vehicle on September 1, 2007 that he/she will assume the civil and criminal liability for the vehicle damage and damage incurred after the vehicle is taken over.

However, it can be interpreted as an intention to waive the right to claim damages due to the damage of a vehicle that occurs after the takeover of the vehicle, and it cannot be viewed as an agreement to waive the claim for damages due to the defect in the vehicle at the time of the acceptance as in this case.

This defense is without merit.

2. Judgment on the merits

A. (1) The facts following the fact finding the liability for damages do not conflict between the parties, or can be recognized in full view of the purport of the entire pleadings as a result of the partial appraisal by the appraiser C of the first instance trial, and the records Nos. 4 and 17, and the fact finding by the court of the first instance on July 21, 201 with respect to the greater effective company of the first instance trial, are insufficient to reverse it, and there is no other counter-proof.

(A) On February 12, 2007, the Plaintiff entered into a contract with the Defendant to purchase one motor vehicle for 57 motor vehicles manufactured by Mesium 2008 with the Defendant (hereinafter “instant motor vehicle”) at KRW 530,00,000 (hereinafter “the instant contract”), and received the instant motor vehicle from the Defendant on September 1, 2007.

(B) However, on the instant vehicle at the time of delivery, ① defect in which noise is produced in fuel form (hereinafter “defect defect”), ② in the process of installing the center’s container in the process of installing the exhaustion, and U.S. K. K. K. K. K. K. K. K. K.K.

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