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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a new fish farm in Jeonnam-gun C, and the Defendant is a person who is supplied with a “Nano” (hereinafter “instant medicine”) from a Naola Co., Ltd. and sells it.
B. On August 1, 2012 and August 23, 2012, the Plaintiff purchased two copies of the instant medicine, the capacity of which is 20 km from the Defendant at KRW 3 million per copy.
C. On September 19, 2012, the Plaintiff returned one of the instant medicine used to Linolol Co., Ltd. as a result of the suspension of the operation of the new fish plantation.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion obtained the Defendant’s consent, and returned one copy of the instant medicine to Naol Co., Ltd., and the Defendant promised to return the price of the returned medicine to Naol Co., Ltd., and thus, the Defendant is obligated to pay KRW 3 million to the Plaintiff.
B. In full view of the reasoning of the argument in the statement No. 3-1 to No. 5 of the judgment 1, the plaintiff returned one of the instant medicine to Naol Co., Ltd. upon obtaining the defendant's consent, the defendant requested Naol Co., Ltd. to examine whether the Plaintiff returned the medicine to Naol Co., Ltd. was an existing product sold by the defendant, and whether it was deteriorated or not. Accordingly, Naol Co., Ltd. notified the defendant that the above medicine had already been opened and used 16 km, and that the remaining remaining quantity should be used as soon as possible because there are many foreign substances. The fact that the above medicine was usable at the time of return by the plaintiff, and thereafter, the defendant promised to return part of the above medicine to the plaintiff, and that the plaintiff demanded Naolol Co., Ltd. to return the above medicine price.