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(영문) 서울남부지방법원 2015.08.26 2014가단229393
매매대금반환
Text

1. The Defendants jointly share KRW 22,00,000 with respect to the Plaintiff and 5% per annum from September 12, 2014 to August 26, 2015.

Reasons

1. Facts of recognition;

A. On August 16, 2014, the Plaintiff purchased the instant automobile at KRW 22,00,000, a second class E (hereinafter “instant automobile”) in a second class E trading company (D) operated by Defendant B (hereinafter “instant automobile”).

(hereinafter “instant sales contract”). B.

The instant motor vehicle was originally purchased from a third party (F) and was sold in lots by Defendant C, who is the ender belonging to the Defendant B and the Plaintiff, was responsible for mediating the transaction at the buyer’s request. The Defendant C drafted a letter of contents as follows at the time of the said sales contract.

The fact that there is an accident other than the performance record book, or (in the case of an accident other than the performance record book, the full refund) the buyer has made the contract to purchase and has made the contract to purchase and has taken over the vehicle, and has not notified the error in the vehicle's performance and all the conditions until the consumer has entered into the contract to purchase the vehicle, or has purchased the vehicle without notifying the error at all, and subsequent to the accident, the consumer has purchased the vehicle without knowing it at all, and any demand is made at the time D or the buyer requests full repair or other normal exchange as desired by the consumer.

In this process, the whole amount of automobiles paid at the time of purchase to the consumer as well as compensation for damage when the assault incident occurred, by providing false information on repair liabilities promised as low as above, will go beyond the consumer and be able to avoid the contract.

C. Although the instant motor vehicle was a model in 2011, it was not an old age, there was an accident around July 28, 2013, and it was replaced by the said accident on the main structural part, such as the Motor Vehicle Fit Panel.

Nevertheless, the Defendants check the performance and condition of used cars with the content that they did not receive and exchange the free panel.

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