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1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
Reasons
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion added or used in addition shall be corrected to “if there is an obligation to pay” in the third six pages of the judgment of the court of first instance as “if there is an obligation to pay”.
Of the grounds of the judgment of the first instance, No. 3
(a) 2) subsection (a) shall be filled in as follows:
[A] Article 69(1) of the Commercial Act provides that "When a purchaser has received an object in the course of sale between merchants, it shall be inspected without delay, and if any defect or quantity is discovered, it shall not be claimed for cancellation of the contract, reduction of the price, or compensation for damage caused by the failure to immediately dispatch the notice to the seller. The same shall apply where any defect is not discovered immediately in the object of sale, if the buyer finds it within six months." Article 69(2) provides that "The provisions of the preceding paragraph shall not apply in the case of a seller's bad faith."
In light of the fact that Article 69 of the Commercial Act is a provision for prompt processing of commercial transactions and protection of a seller, when a defect or lack of quantity is discovered in a sale between merchants by inspecting it without delay from the time when the object was received, the buyer may immediately dispatch the notice to the seller, but may claim cancellation of the contract, reduction of the price, or damages due to the defect, and even if there is any defect that can not be discovered immediately even if the seller performs the duty of objective care normally required for the merchant in the object of sale, the buyer shall find the defect within six months and delay.