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1. The Defendant’s KRW 2,00,000 and the following day shall be 5% per annum from April 6, 2016 to January 12, 2017 to the Plaintiff.
Reasons
1. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff entered into a contract with the Defendant to purchase KRW 37,940,000 (hereinafter “instant contract”), on July 22, 2013, with the Plaintiff to purchase KRW 37,940,00 (hereinafter “instant contract”). around that time, the Plaintiff may recognize the fact that the Plaintiff purchased the franchise-HG (hereinafter “instant automobile”) from the Defendant and registered as B.
2. The plaintiff's assertion and judgment
A. On August 3, 2013, the Plaintiff’s assertion that the Plaintiff continued to use the said vehicle due to abnormal warning, etc. on the instant vehicle, including the start of operation and the operation of the meter, etc.
Accordingly, the Plaintiff revoked the instant contract, and sought payment of KRW 38,00,000 as a sales price, KRW 63,160,000 as well as damages for delay.
B. (1) The Plaintiff’s assertion on the refund of the purchase price is asserted to revoke the Plaintiff’s contract of this case, and the Plaintiff did not explicitly state the grounds for revocation, and there is no assertion as to the grounds for revocation.
Therefore, the plaintiff's above assertion on the premise that the contract of this case was revoked is without merit.
(2) However, the plaintiff's above assertion includes the intent to cancel the sale and purchase of this case as it falls under the case where the purpose of the contract cannot be achieved due to the serious defects of the motor vehicle of this case. Thus, we examine this issue.
According to Articles 581(1) and (2), 580(1), and 575(1) of the Civil Act concerning the seller's liability for warranty due to defects in a specific object, in cases where the seller has designated the object of sale as a kind, and there is any defect in the specified object thereafter, the buyer may rescind the contract when it is impossible to achieve the purpose of the contract due to such defect, and it does not reach the extent that the contract cannot achieve the purpose of the contract due to such defect.