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. The parties' assertion

A. The Plaintiff purchased from the Defendant in the middle and high altitude “Brewing Campler (hereinafter “Wreler”)” was partially damaged by the outer wall part from the time of the contract. However, the Defendant, even though he was well aware of such fact, sold the said scraper without notifying the Plaintiff thereof.

Therefore, the Defendant is liable for tort liability by the seller’s warranty liability or deception under Article 580 of the Civil Act. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,000,000 and the exchange value decrease by damage to the part of the wall of this case due to the damage to the part of the wall of this case, and KRW 3,00,000,000, and damages for delay.

(2) The seller's liability for warranty and tort liability by deception shall be regarded as a selective assertion.

The Defendant sold the instant scraper to the Plaintiff, and sufficiently notified the Plaintiff of the fact that the part of the external wall was partially damaged, and the Plaintiff directly checked the status of the said scraper upon receiving the delivery from the Defendant.

Therefore, no defects may exist in the instant Leler, and there is no fact that the Defendant deceivings the Plaintiff, so the Defendant cannot respond to the Plaintiff’s claim.

2. Determination

A. As to the claim for damages caused by a seller’s warranty liability among selective claims for damages, where the subject matter of the sale lacks objective nature and performance that can be expected in light of transaction norms, or where the subject matter of the sale lacks either party’s anticipated or guaranteed character, the seller bears the warranty liability for the buyer due to such defect.

(see, e.g., Supreme Court Decision 98Da18506, Jan. 18, 2000). Around April 2015, the Plaintiff purchased the instant scraper (production and registration number C, Jun. 19, 2014) from the Defendant with a heavy amount of KRW 28,80,000, and thereafter, on April 28, 2015.