1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. The court's explanation of this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Determination on the cause of the claim

A. The original parts purchased by the Plaintiff from the Defendant (hereinafter referred to as the “original parts of this case”) had any defect that has caused the Plaintiff’s assertion to the extent of falling away from the ordinary level. Accordingly, the Plaintiff suffered the damage that all children’s clothes produced by using the original parts of this case were contaminated.

Therefore, the defendant is obligated to compensate the plaintiff for damages equivalent to the cost of manufacturing swimmings, advertising cost, and other operating loss incurred by the plaintiff due to the defect in the original unit of this case.

B. In light of the fact that Article 69 of the Commercial Act is a provision for prompt processing of commercial transactions and protection of sellers, in cases where a buyer, in a sale between merchants, inspects the defect without delay from the time when the object was received to the seller and finds the defect or shortage of quantity, he/she may immediately request the seller to cancel the contract, to reduce the price, or to compensate for damages due to the defect, only if he/she must dispatch the notice to the seller. Even if there is a defect that is not immediately discovered even if he/she fulfilled the objective duty of care normally required to the merchant on the object of the sale, it is reasonable to interpret that the buyer cannot be liable to compensate the seller regardless of whether there is negligence

(See Supreme Court Decision 98Da1584 delivered on January 29, 199). In addition, Article 69 of the Commercial Act is clear that the buyer’s inspection of the subject matter of sale and the buyer’s duty to notify defects is a prerequisite for holding the seller liable for warranty against the subject matter of sale and the seller’s duty to notify defects. As such, the premise of such liability for warranty is established.