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(영문) 수원지방법원 2016.05.12 2015나32063
손해배상(기)
Text

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

For vehicles listed in the separate sheet, the defendant shall:

Reasons

1. Basic facts

A. The automobiles listed in the separate sheet (hereinafter “instant automobiles”) were owned by the Defendant for the purpose of sale after acquiring them around November 6, 2013.

B. On February 5, 2014, the Plaintiff purchased the instant vehicle by designating the sales price as KRW 33,000,000 as the intermediary for the first instance co-defendant C (hereinafter “C”), a used vehicle belonging to the Co-Defendant C (hereinafter “C”), Co-Defendant C (hereinafter “C”), a used vehicle of the first instance trial, Co-Defendant C, Ltd. (hereinafter “C”), and completed the ownership transfer registration on February 6, 2014.

C. After being delivered to the Plaintiff in Daejeon U.S., the Plaintiff stopped the Plaintiff’s automobile at the engine level with excessive noise on the engine side at 30 minutes, since it was impossible to operate the instant automobile upon entering an expressway for returning home.

The stop of the instant vehicle while driving the engine is the direct cause of the engine’s 5 metric tons and KONing damage located from the off pumps among the five metric tons inside the engine. This is presumed to have been damaged by the relevant scke tons and KONing with the engine’s total contamination and circulation failure, etc., as the engine’s daily supply was obstructed to 5 metric tons due to the engine’s serious pollution and circulation failure due to the car and slots, etc.

E. The serious pollution and circulation failure of the engine error did not undergo a basic inspection of the main and the exhauster and the doer, which continued in excess of the engine error exchange cycle.

Defendant D’s representative director tried to supplement the engine error due to the lack of engine error warning, etc. one time before the instant automobile was sold to the Plaintiff, but did not supplement the engine error.

F. Items and expenses for repairing the instant motor vehicle.

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