The judgment of the court below is reversed, and the case is remanded to the Gu Government District Court.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below rejected the Plaintiff’s assertion that the Plaintiff, an intermediary wholesaler under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural & Fishery Products Act”), purchased the instant party right through an auction conducted by the Defendant, a wholesale market corporation, and held the Defendant liable for warranty on the ground that there is a defect in the present present situation. The court below rejected the Plaintiff’s assertion on the ground that, even if the Defendant, as alleged by the Plaintiff, purchased the instant party right as “auction” under the Commercial Act, so long as the Plaintiff purchased the instant party right as “auction” pursuant to Article 580(2) of the Civil Act

2. However, we cannot agree with the judgment of the court below for the following reasons.

The judgment below

The reasons and records reveal the following facts.

(1) The Defendant was a stock company established for the purpose of consignment sale of fruits, vegetabless, etc., and was designated as a wholesale market corporation by the opener of the former Agricultural and Fishery Products Wholesale Market, and the Plaintiff was granted permission as an intermediary wholesaler for the purpose of wholesale and retail business of agricultural products.

(2) On January 25, 2013, the Defendant listed the party position entrusted by the shipper at the former Agricultural and Fishery Products Wholesale Market and put it at an auction. On the same day, the Plaintiff was awarded a successful bid in the amount of KRW 26,628,00 in total of KRW 317 boxes on the same day.

(3) The plaintiff thought that the root of this case contained in a box stating "domestic acid" is a domestic acid and received a successful bid.

(Import party award can be sold only in clean condition). On the same day, the Plaintiff purchased it from the Defendant as an auction on the same day, and the successful bid price per 1kg of the import party award was remarkably lower than 4,200 won per 1kg of the present contract award.

(4) The Plaintiff sold part of the root of this case to a third party, and thereafter.