1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The plaintiff is a company with the purpose of wholesale and retail business such as booms and iron plates, and the defendant is a company with the purpose of wholesale business of parts for public machinery.

B. On June 24, 2016, the Plaintiff entered into a contract with the Defendant to purchase six of the middle presses machine (hereinafter collectively referred to as “each of the instant machines”) from the Defendant at KRW 331 million (value-added tax separate), and received delivery of each of the said machines around that time.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The gist of the Plaintiff’s claim is that the Defendant agreed to repair defects arising from each of the instant machines within the period of 2.6 months at the time of the instant contract, and the Plaintiff shall pay to the Defendant a total of KRW 5.72 million (=the above 4 million KRW 1.2 million KRW 5,200,000,000 in value-added tax (excluding value-added tax), including the amount equivalent to KRW 1.2 million in the national presses 400 tons in repair expenses (excluding value-added tax) and the amount equivalent to KRW 2.5 million in repair expenses for a pairs 250,000 in each of the said machines) and delay damages therefor.

3. Determination

A. As long as a disposal document is recognized to be authentic in its formation, the court shall recognize the existence and content of the declaration of intent indicated in the document, unless there is any clear and acceptable reflective evidence to deny the contents of the document (see, e.g., Supreme Court Decision 89Meu19153, Mar. 27, 1990). In a sales contract (Evidence 1) which is a disposal document (Evidence 1) in which there is no dispute between the parties as to the authenticity of the document, stating that “B (Plaintiff) shall directly inspect the goods and make a decision to purchase them after referring to the information and data on the goods provided by Party A (Defendant) and shall not raise any objection against the defect after delivery of the goods.”

Therefore, according to its contents, barring any special circumstance, the Plaintiff is between the Defendant and the Defendant, and each of the instant machinery from the Defendant.