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 a business entity that engages in agriculture, water, livestock products wholesale and retail and distribution, and the Defendant is a business entity that manufactures and sells agricultural and fishery machinery, etc. under the trade name of “B.”

B. On July 26, 2012, the Plaintiff purchased c2,000,000 an effective shipbuilding machine, the model name “E” from the Defendant (hereinafter “instant machine”) via D, and concluded a contract to pay the purchase price by means of Samsung Capital 24-month loan (hereinafter “instant sales contract”).

After that, on October 29, 2012, the Plaintiff requested D to cancel the instant sales contract on the ground that the construction function of the instant machine was lost, and D prepared and delivered to the Plaintiff a letter stating that “Around October 29, 2012 of the monthly installment amount, payment was made by substitute for October and November, 2012, and by November 30, 2012, the Plaintiff and Samsung Card Company shall cancel the installment contract that it entered into for the said payment.”

C. However, the Defendant filed a lawsuit against the Plaintiff for the confirmation of the existence of the obligation for the amount of KRW 32,00,000 for the goods according to the instant sales contract (No. 2012 group 17488) with the Suwon District Court, on the ground that the instant machinery was defective products, and D merely franchises for business, and could not claim the cancellation of the instant sales contract based on the written statement prepared in its name because it was not an employee of the Defendant. The Plaintiff asserted against the Defendant for the cancellation of the instant sales contract due to the defects in the instant machinery, and filed a counterclaim (No. 2013 group 8894) against the Defendant for the payment of the goods amounting to KRW 32,00,000 and delayed damages (No. 2013 group 8894).

On September 30, 2013, the instant conciliation between the Plaintiff and the Defendant was established on September 30, 2013 (hereinafter “instant conciliation”). The status, etc. of the parties were as follows:

1. The Plaintiff on March 2013.