1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. At around July 2013, the Defendant published a letter stating that “W.passso.co.kr,” “Tkisky (SDAO-LRV four winners) was sold to the Worldnet shopping mall (www.passo.co.kr), and the said Tki was in heavy importance, but only one hour after cutting a new engine installed in the United States.”

B. On August 3, 2013, the Plaintiff: (a) visited the Defendant’s place of business to purchase the said Tki in KRW 8,200,000 (hereinafter “instant sales contract”); and (b) on the sales contract drafted at the time, the Plaintiff entered the Plaintiff’s place of business into the “Engine new”.

C. The above engine was directly assembled and installed by the Defendant by separately purchasing most parts other than Berers.

On August 24, 2014, when the plaintiff's land manager operated the above Tki, the engine was exposed to the accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the court of first instance's fact inquiry results about Pacific Co., Ltd., the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) In the first place, the Plaintiff concluded the instant sales contract with the Plaintiff, knowing that the engine installed in the said Tki was a new seat, and thus, the Plaintiff’s expression of intent is revoked. 2) In the second place, the Plaintiff’s defect of the said engine cannot achieve the purpose of the instant sales contract, and thus, the said sales contract is revoked.

3) Therefore, the Defendant is obligated to return KRW 8,200,000, which is equivalent to the purchase price of the said Tkis. B. The Defendant (the purport of the Tki-related industry, “new engine” is called “new engine,” and the Plaintiff was notified at the time of the instant sales contract, and the engine power distribution is due to the Plaintiff’s care for handling. Therefore, the Plaintiff’s claim cannot be complied with.

3. Determination

A. The phrase “new engines” of engines that have been assembled using new parts is against ordinary fishing methods, and Tkis.