1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On January 9, 2015, the Plaintiff concluded a sales contract to purchase C dump trucks (hereinafter “dump trucks in this case”) from the Defendant for KRW 50,000,000 (hereinafter “instant dump trucks”).

On the same day, the Plaintiff paid KRW 20,000,000 to the Defendant, and reduced KRW 200,000 among the remaining KRW 30,000,000 on the 14th of the same month, and paid KRW 29,80,000.

On the 19th of the same month, the Plaintiff completed the transfer registration of ownership of the instant dump truck in its name.

B. On January 10, 2015, the Plaintiff requested maintenance of the instant dump trucks, such as “bump heads and heads of dump trucks” to E, and the same year.

2.12. Shipments. The repair cost is KRW 462,00.

C. On February 17, 2015, the Plaintiff: (a) requested maintenance of the instant dump trucks, such as “dumping” to F; (b) released the instant dump trucks on the 24th of the same month; and (c) the repair cost is KRW 4,824,820.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant concluded the instant sales contract without notifying the Plaintiff even if the dump truck’s dump truck’s equipment and dump structure were defective. In addition, the Defendant violated Article 70-6(1) of the Enforcement Rule of the Construction Machinery Management Act that provides that the Defendant shall give written notice of the performance inspection register of the used construction machinery, and violates Article 120 of the Enforcement Rule of the Motor Vehicle Management Act that provides that the inspection of the performance and condition of used cars should guarantee at least 30 days from the date of delivery of the vehicle or at least 2,00 kilometers of the odometer. Accordingly, the Defendant is obliged to pay the Plaintiff the total repair cost of the instant dump truck’s dump truck’s dump truck’s dump truck’s eump truck’s performance and condition, and sign it on the performance inspection register of the used construction machinery.