1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On April 28, 2016, the Plaintiff purchased the Track Track and its accessory work unit (hereinafter “instant Track”) from the Defendant for KRW 80 million.

(hereinafter “instant contract”). (b)

On May 11, 2016, the Plaintiff paid KRW 70 million to the Defendant out of the price under the instant contract, and around that time, the Defendant handed over the instant track to the Plaintiff.

C. On July 19, 2016, the Plaintiff: (a) sought an explanation from F, a member of the Defendant’s business, before entering into the instant contract, that “The instant track may be discussed even if he/she was absent on the block of wetlands; and (b) entered the instant contract after receiving the instant box from the Plaintiff’s wetlands, and entered the Plaintiff’s wetlands and tested on the wetlands; (c) accordingly, the Plaintiff sent a letter verifying the content of the instant contract (hereinafter “instant notice”) to the Defendant that “the instant contract shall be rescinded”; and (d) around that time, the instant notice was sent to the Defendant.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

(a) The existence and degree of defects, and the legitimacy of the rescission of the instant contract, where the machinery supplied by the seller to the buyer has the normal quality and performance, the machinery does not have the quality or performance required by the working environment or circumstances.

In order to recognize that there is a defect, it should be acknowledged that the buyer explicitly or implicitly guaranteed and supplied the goods with such quality and performance in relation to demanding the supply of the goods having the quality or performance necessary for the environment or situation while explaining the working environment or condition of the goods to be used by the seller.

Supreme Court Decision 200Da3054, 30561 Decided October 27, 2000, Supreme Court Decision 2000Da30561 Decided April 12, 2002