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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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the defendant added the following "2. Additional Judgment" to the assertion added by this court, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(The first instance court's finding of facts and determination are justifiable even if the evidence duly admitted and examined by the Defendant was written in the evidence No. 8-1 and No. 2 submitted by the Defendant in this court and the testimony of witness V by this court. 2. Additional determination of 2.
A. As to the Defendant’s argument that the exercise period of the right to rescission 1) was excessive, the Defendant’s defect liability for the second race horse in the instant case until it entered the race track. Since the defect of the second race horse in the instant case was discovered after the Plaintiff received the second race horse from the Defendant around May 17, 2016 from the Defendant on and around May 22, 2016, the Plaintiff cannot rescind the second sale contract of the instant case. However, at the time of delivery of the second race horse in the instant case, the Plaintiff’s exercise of the right to rescission on the second race horse in the instant case was concealed from the first race test of the instant case and deprived the Plaintiff of an opportunity to undergo health examination of the second race, the Defendant’s right to rescission is recognized pursuant to Article 150(1) of the Civil Act, namely, at the time of delivery under Article 2, the Defendant’s act against the good faith and good faith as a result of an act against the first race race in the instant case.
Therefore, the defendant's argument that it is impossible to exercise the right of rescission after the admission is without merit.
B. The first summary of the Defendant’s concurrent performance defense is the racing.