1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the following “the second appeal.”

2. Grounds of the judgment of the court of first instance for dismissal of the same part

The parts of paragraphs are as follows.

가. 의류제조ㆍ수출업체인 원고는 원단 공급업체인 피고로부터 2016. 5. 26. 및 같은 달 30. 폭 54inch의 요루 Yoryu, 경사에 무연사, 위사에 한 방향으로 2,800 및 3,200T/M 정도로 약 400T/M 정도의 차이가 나도록 2:2 배열하여 짠 직물로 축소가공을 한 뒤에 직물의 표면이 경사 방향으로 나무껍질처럼 쭈글쭈글하게 구겨진 효과를 준다.

The sample 3.5 dynasium (which consists of 81% of radar and 19% of Lynasium) was purchased.

The plaintiff conducted an examination on whether a prototype can be created with the above sample board, and ordered the defendant to supply the same original unit to the defendant. On June 2, 2016 to June 14, 2016, the defendant ordered the plaintiff to supply the original unit "the original unit of this case" below "the original unit of this case to the plaintiff on June 2, 2016.

A) The reasoning of the judgment of the court of first instance is as follows: (a) whether the Plaintiff’s assertion is liable for nonperformance due to warranty against defects or incomplete performance; (b) whether the Defendant supplied the original body of this case to the Plaintiff, which is different from the sample, or not consistent with the requirements for the reduction rate; and (c) ultimately, the Plaintiff suffered damages equivalent to KRW 43,762,860, by having the Plaintiff returned and disposed of the imported goods of the women who manufactured and exported the original body of this case as their location; and therefore, the Defendant shall compensate the Plaintiff for damages equivalent to the said money in accordance with warranty liability or nonperformance liability.

2. We examine the judgment on the claim for warranty against defects, and in the sale between merchants such as this case, the buyer will inspect the goods without delay after receiving the goods from the seller and find the defects, etc.