물품대금 및 손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
On May 11, 2016, the Plaintiff paid KRW 3,260,00 to the Defendant for the purchase of a household, but filed a claim for the return of KRW 3,00,000,000, which was part of the purchase price paid, after cancelling a contract for the purchase of a household and claiming for the return of the purchase price paid. In addition, the Defendant placed the said household, thereby damaging the Plaintiff’s house, remote area and door mold, etc. while posting the said household, and accordingly, sought for the payment of consolation money of KRW 27,00,000,00
The fact that the Defendant sold the household to the Plaintiff is not a dispute between the Plaintiff and the Defendant.
However, as to the fact that there was a serious defect from the time of purchase to the household purchased by the Plaintiff, it is insufficient to recognize it only by the evidence submitted by the Plaintiff, and there is no other evidence to
(A) It is insufficient to recognize that there was a serious defect in the household from the time of purchase with the images of the evidence Nos. 5. Rather, according to the respective descriptions Nos. 1 and 2 of the evidence Nos. 1-2, the Plaintiff returned a part of the household immediately after purchase, additionally purchased a part of the household, and made up a loan certificate for the unpaid purchase price on May 27, 2016, and ordered the Defendant to do so. However, the Plaintiff’s claim for cancellation of the contract or claim for refund of the purchase price is without merit.
In addition, it is difficult to find that the defendant's assertion that he damaged his house while posting the households at the plaintiff's house was not sufficient to acknowledge that there was such fact only by the evidence submitted by the plaintiff, and there is no other evidence to recognize it. Therefore, the plaintiff's assertion of consolation money is without merit
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just.