Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On May 17, 2016, the Plaintiff purchased 3,50,000 won of the Gangwon-do Skiski’s Gangwon (hereinafter “instant Gangwon-do”) from the Defendant, and entrusted the Defendant with his/her tuition from the same day.
B. Around 06:00 on May 19, 2016, the Plaintiff died of the Plaintiff’s symptoms, such as grheating urines around 06:0.
C. The correct cause of death was unclear as a result of the inspection conducted by the veterinary hospital immediately after the death of the instant land, but it was confirmed that the Plaintiff was infected with a coropia or virus.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-1, 2-2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion was infected with the Corro or virus sold by the Defendant to the Plaintiff. The Defendant is obligated to pay the Plaintiff the purchase price of the Plaintiff, the medical expenses of the veterinary hospital, and the damages for delay, in total, KRW 1,498,00, as damages for warranty liability or default liability under the Civil Act.
B. The aforementioned evidence and the statements in Gap evidence Nos. 4 and 5-1, 2, and 3 are merely indicated prior to the determination, and at the time when the instant Gangseo land was purchased and sold, it was infected with Koro or viruss.
The plaintiff's assertion is not acceptable as there is no other evidence to acknowledge the death of the land of this case due to the defendant's fault.
3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion shall be dismissed as the plaintiff's appeal is without merit. It is so decided as per Disposition.