1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 7, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase of 49,500,000 won of the 2008 old-style winter-style storage machine (hereinafter “second-term storage machine”) (hereinafter “instant sales contract”).

B. According to the instant sales contract, the Defendant installed the Plaintiff’s factory with the used machinery and completed the trial operation.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion was operated when the defendant operates a trial after installing a used machine of this case, but immediately thereafter, the plaintiff's employee suspended the operation while driving the test for about two hours, and requested the defendant to repair several times, but the defendant failed to repair it, and the repair is impossible thereafter.

Therefore, since the purpose of the instant sales contract cannot be achieved, the instant sales contract is revoked, and the refund of the purchase price is sought.

As such, the Defendant, as if the completion of the used machines of this case, which cannot be operated normally, was deceiving the Plaintiff and sold to the Plaintiff, then the amount equivalent to the purchase price is claimed as damages for tort.

B. 1) Determination on the claim for cancellation of a sales contract due to defects is insufficient to recognize the existence of defects, such as defects, alleged by the Plaintiff, in the instant used machines only by the evidence submitted by the Plaintiff. In addition, in light of the fact that Article 69 of the Commercial Act is a provision for prompt processing of commercial transactions and protection of the seller, the buyer, in the sale between merchants, can immediately inspect the defects and claim cancellation of the contract, reduction of the price, or damages due to the defects, only if he/she immediately notifies the seller thereof, and even if he/she sells the goods.