1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On April 19, 2010, the Plaintiff purchased the 2010 Passatat 2.0 TDI motor vehicle (hereinafter “instant motor vehicle”) from the Defendant for KRW 45,30,00 (including value-added tax) in price, and paid the price to the Defendant around that time, and received the said motor vehicle delivery.

The Plaintiff paid KRW 2,059,090 for the instant automobile, and KRW 823,630 for the acquisition tax.

B. On September 25, 2012, the Plaintiff received the repair of the instant vehicle from the Defendant on several occasions due to the following reasons, such as the failure to operate the instant vehicle, on the grounds that the seat of the instant vehicle was pushed behind while driving, etc.

C. In the process of receiving repair of the instant vehicle from the Defendant around November 2012, the Plaintiff’s negligence between October 16, 2012 and December 6, 2012, which had been repaired by the Defendant’s Service Center, was installed in the instant vehicle in the form of MFL, which had been repaired by the Defendant’s employees.

On November 28, 2013, the Plaintiff was inspected by the Defendant on November 28, 2013. The Defendant’s employee in charge of repair was different from the chassis number of the instant vehicle (C) and the chassis number of the franchise installed therein, and discovered the fact that the franchise in the form of MFL was installed, not the LET type, the original installation, and notified the Plaintiff thereof.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 11 through 13 (including each number; hereinafter the same shall apply), witness D of the first instance court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, as the primary cause of the claim, sold the instant vehicle with a mechanical problem to the Plaintiff.

This constitutes a defect in the sale of a kind of goods, and the plaintiff is liable for warranty against the defendant.