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(영문) 서울고등법원 2015.05.15 2014나26424
매매대금반환 등
Text

1.The judgment of the first instance, including a claim modified and added or expanded in the trial, shall be modified as follows:

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 through 4, and 7, taking into account the overall purport of the pleadings:

1) On October 1, 2010, the Plaintiff, Co., Ltd., Co., Ltd., Ltd. (hereinafter referred to as “Coultex”), and the Plaintiff, Coultex, Ltd. (hereinafter referred to as “Coultex”).

(2) On August 2, 201, when the lawsuit of this case is pending, the Columinte Co., Ltd. divided the automobile trade division related to the instant lawsuit into the instant lawsuit and established Columinte Co., Ltd., and it merged with the Columinte Construction Co., Ltd on December 30, 201, and dissolved on the same day, and the Columinte Construction Co., Ltd changed its trade name into the Columinte Global Co., Ltd. on the same day. In the second instance prior to the remand, Cointe Global Co., Ltd succeeded to the status of Defendant and Appellant from Cointe Co., Ltd. as Defendant and Appellant after undergoing the lawsuit accounting procedure (hereinafter “the instant sales contract”). From Cointe Cointe Co., Ltd., Ltd., the sales amount of KRW 6240,400,000,000 (hereinafter “the instant BM 520d Co., Ltd.”).

(A) On October 10, 2010, the automobiles indicated in the separate sheet from the Corroteex (hereinafter referred to as “instant automobiles”).

(2) The instant automobile was handed over. 2) The Defendant BIM B had imported the instant automobile from the head office of the German BIMB, the manufacturer of the automobile, and sold it to the Copiex. At the time of the instant sales contract, the Defendant BIM B had issued the Plaintiff a quality assurance certificate for the instant automobile (hereinafter “the instant quality assurance certificate”).

B. On October 15, 2010, 2010, 5 days after delivery, the Plaintiff discovered that the speed gauge of the instant vehicle meter does not operate while operating the instant vehicle upon delivery, and “BMW Mobre” (hereinafter “emergency transport service center”).

(b).

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