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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with A as to the B Hohosa 750 Hawhosa (hereinafter “instant work vehicle”) owned by it.
B. A around July 2007, under the name of his spouse C, intended to purchase the instant vehicle for KRW 300 million, but the Defendant concluded a equipment sales contract to manufacture the said vehicle and deliver it to A after obtaining type approval (hereinafter “instant sales contract”). At the time of the instant sales contract, the Defendant explained that “the boom boom at a high level of 75 meters (including the boom boom) A” as to the specifications of the instant vehicle to A, the head of the instant boom issued by the Defendant, while explaining the specifications of the instant vehicle to A, is deemed to be “the boom 75 meters work height: 75 meters; 2 or 300km; boom boom boom : 1-5 parts, 6-9 parts, 6-9 parts of the same boom boom boom boom boom boom boom boom boom boom 300 meters.”
C. On July 10, 2007, the Defendant obtained the type approval from the former Motor Vehicle Inspection Station around July 10, 2007, along with the boom and design drawings, with regard to the instant work vehicle with regard to “63 meters of work height and boom withdrawal method.” On or around July 24, 2007, the Defendant delivered the instant work vehicle to A after completing the registration of the instant work vehicle for the instant work vehicle. The instant work vehicle delivered to A is produced as “73 meters of work height and 9 parts of the removal method of boom (including booming boom).”
A, after receiving the instant truck from the Defendant, put the instant truck into the construction site and normally perform the work, around three years and ten months after the date of the delivery, around May 8, 201, and around 201, around 16, the instant truck was 16 Samsung Electronic Co., Ltd.