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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On August 3, 2015, the Plaintiff concluded a sales contract with the Defendant on a condition that the Plaintiff would purchase 1,500,000 won (or KRW 400,000,00) for a total of KRW 1,50,000 (or KRW 400,000,000) for a single busblue and scalblue with the Defendant.
(hereinafter “instant contract”). (b)
On the same day, the Plaintiff paid KRW 1.5 million to the Defendant, and received delivery from the Defendant of Rusan Musblu (hereinafter referred to as “ Rusan Rusan”).
C. On August 4, 2015, the Plaintiff found that the autopsy was stored in the ear of Rusan Blus, and that there were many kinds of dust hairs, and on the 11st of the same month, the Plaintiff was diagnosed with Fungchitis, Epid skin disease, and upper resistant resistant disease in the “C animal hospital” located in the vicinity of the Plaintiff’s residence.
From August 11, 2015 to November 4, 2015, the Plaintiff treated Rusblue at the pertinent hospital, and paid a total of KRW 483,400 for medical expenses in the process.
On August 6, 2015, the Plaintiff received a delivery from the Defendant of Skylland Ma (hereinafter referred to as “Schland”).
On August 11, 2015, the hospital was diagnosed with parasisis and spathitis and received treatment on August 15, 2015, and was abolished on August 15, 2015.
The plaintiff paid a total of KRW 119,000 for medical expenses during that process.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Determination
A. (1) Where the subject matter of the sale lacks objective nature and performance expected in light of the transaction norms, or the subject matter of the sale lacks the nature scheduled or guaranteed by the parties, the seller bears the buyer’s liability to indemnify the buyer for the defect and the existence of the defect is based on the time of establishment of the sales contract.
(See Supreme Court Decision 98Da18506 delivered on January 18, 200). The instant case is based on the health care unit and the facts recognized earlier.