1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's revocation part is against the defendant.

1. Basic facts

A. On February 25, 2017, the Plaintiff purchased D dump trucks (hereinafter “instant dump trucks”) that were owned by the Defendant as a broker of C at KRW 19 million.

The construction machinery sales contract (the standard form prescribed by the Enforcement Rule of the Construction Machinery Management Act) prepared between the Plaintiff and the Defendant is as follows:

Article 3 (Liability for Warranty) Construction Machinery Sales Agents shall notify the buyer of the performance, etc. of this construction machinery on behalf of the seller through a ledger of inspection of the performance and condition of used construction machinery in attached Form 35-11 of the Enforcement Rule of the Construction Machinery Management Act, and the buyer shall not be liable for the seller due to any malfunction, defect, etc. of the construction machinery after he

Provided, That with respect to construction machinery sold or mediated for sale, a seller shall be liable to the buyer for the following guarantee period and details of guarantee in accordance with a contract or relevant statutes:

B. The Plaintiff inspected the instant dump truck before entering into the sales contract, and signed after marking the “dump truck” to the effect that it does not exceed the standard form of the inspection register of the performance and condition of the used construction machinery (the dump truck as defined in the Enforcement Rule of the above case).

C. The instant dump truck was manufactured on October 27, 2010, and approximately 400,000 km at the time of sale.

On March 27, 2017, the Plaintiff spent KRW 11,474,901 at the repair cost of the instant dump truck, and KRW 5,212,259 on April 19, 2017, respectively.

E. The plaintiff has a career of driving a cargo vehicle for not less than five years, and has a certificate of class 2 as a motor vehicle engine maintenance technician.

[Ground] Facts without dispute, Gap evidence 2-2 through 9, 6, 7, Eul evidence 1-3, witness C's testimony and the purport of the whole pleadings

2. On the instant dump truck purchased by the Plaintiff from the Defendant, there are defects such as dump weather, defect of noise, etc. at the time of purchase.