1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 23, 2017, the Defendant, manufactured on April 17, 2009, entered the e-mail truck (hereinafter “the instant truck”) into D Co., Ltd. (hereinafter “Nonindicted Company”). Accordingly, the instant truck became subject to registration of transfer of ownership in the Non-Party Company.

B. Around June 2018, the Plaintiff entered into a contract with the Defendant to sell the instant truck at KRW 38 million (hereinafter “instant sales contract”).

On June 14, 2018, the Plaintiff entered into a mid-term debate with E Co., Ltd. on a loan of KRW 38 million on the condition that the instant cargo vehicle is offered as a security. The Plaintiff paid KRW 38 million to the Defendant for the said loan.

C. On June 14, 2018, the Plaintiff concluded an entrustment contract with the Nonparty Company, the title holder of the instant cargo vehicle’s ownership registration, to entrust the management of the instant cargo vehicle with the transportation business.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the seller of the instant sales contract bears the liability for warranty under Articles 580 and 575(1) of the Civil Act. On the instant vehicle purchased from the Defendant, there is an important defect that makes it impossible for the Plaintiff to achieve the purpose of the sales contract in terms of the ship, mother, vehicle control program, air conditioner, etc.

On July 12, 2018, the Plaintiff expressed to the Defendant the intent to cancel the instant sales contract.

Therefore, the defendant is obligated to pay the purchase price of 38 million won and damages for delay due to restitution following cancellation.

B. The buyer can not achieve the purpose of the contract due to the defect in the subject matter of the judgment contract.