1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the borrower who moved the tank crost vehicle into E, a corporation, the subcontractor of D, which entered into a logistics transport contract with C (hereinafter “C”), and the Defendant is a person who produces and sells the tank in the name of “F”.

B. On July 1, 2017, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant tank”) by setting the price of KRW 47 million with respect to the tank specified in the attached list (hereinafter “instant tank”). On the same day, the Plaintiff agreed to select a specialized company, not the tank manufacturer (the Defendant) and separately proceed with tank safety performance test procedures and mining, which can verify the safety, etc. of the tank, and pay the Defendant the down payment amount of KRW 4 million on the same day.

C. On September 14, 2017, G Co., Ltd., a tank safety performance inspector (hereinafter “G”), entered the workplace of H Co., Ltd. (hereinafter “H”), and issued a hydrotension test report to the effect that “the tank alteration or leakage does not constitute any defect” by conducting a safety inspection on the said tank. At the Plaintiff’s expense expense, H conducted the cl bargaining work of the instant tank.

After that, on September 21, 2017, the Plaintiff paid the Defendant the remainder of KRW 43 million under the instant sales contract and received the instant tank from the Defendant.

E. On the tank of this case, there is a defect in which the inner diameter is displayed and part of the parts are removed therefrom (hereinafter “instant defect”), and the Plaintiff was estimated by the Defendant that the repair cost of KRW 15,894,400.

F. From September 29, 2017 to February 28, 2019, the Plaintiff carried out the transport business using tank glass vehicles with the instant tank installed.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul No. 1, 2.