The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to Articles 581(1) and (2), 580(1), and 575(1) of the Civil Act, where the subject matter of the sale was designated as a kind, and thereafter there is any defect in the specified subject matter, the buyer may rescind the contract when the objective of the contract is not achieved due to such defect, and if the defect does not reach the extent that the objective of the contract cannot be achieved due to such defect, the buyer may claim damages. Moreover, the buyer shall have the right to claim a defective article instead of rescinding the contract or claiming damages (hereinafter referred to as “right to claim for payment in full”).

Here, the failure to achieve the purpose of the contract due to the defect of the object refers to the case where it is deemed justifiable to exercise the right to cancel the contract, such as the right to cancel the contract requiring a long period, even if the defect

(See Supreme Court Decision 2010Da10252 Decided June 10, 2010). Meanwhile, the provisions pertaining to the liability for warranty against defects under the Civil Act are prepared on the basis of the principle of equity, which is the guiding ideology of the Civil Act, to maintain a provisional relationship between payment and consideration due to an onerous bilateral contract called a sale and purchase (see, e.g., Supreme Court Decision 94Da23920, Jun. 30, 1995). In a case where a purchaser’s right to claim for the payment of complete goods is acknowledged without limiting the buyer’s right to claim for the payment of complete goods, the seller may rather be subject to excessive disadvantage or undue damage

Therefore, while there is no particular obstacle to accomplishing the purpose of the contract even if the defect of the object of sale is insignificant and the object of sale is not repaired, if the seller bears the duty of payment of the object without any defect, it is excessive disadvantage to the seller compared with other remedies.