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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.
Reasons
1. The Plaintiff’s assertion ① on December 7, 2012, the Plaintiff purchased C’s vessel (hereinafter “instant vessel”) from the Defendant for KRW 7 million. The Defendant did not undergo a vessel safety inspection under the Ship Safety Act on the instant vessel and received a summary order of KRW 700,000 due to the Plaintiff’s violation of the Ship Safety Act. Therefore, the Defendant is liable to compensate the Plaintiff for the material and mental damage amounting to KRW 1 million and damages incurred therefrom.
② The Defendant sold the instant vessel’s price to the Plaintiff without hiding the Plaintiff’s duty to inform the Plaintiff of the occurrence of suicide, and due to the Plaintiff’s notification of the occurrence of suicide, the price of the instant vessel fell.
The plaintiff suffered damages equivalent to KRW 3.5 million, which is the price decline due to deception by the defendant's act of deception by omission, and the defendant is liable to compensate the plaintiff for the amount of KRW 3.5 million and the damages for delay.
2. Determination
A. (1) Comprehensively taking account of the overall purport of the statements and arguments stated in Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 3 as to the assertion, the plaintiff purchased the ship of this case from the defendant on December 7, 2012, ② Article 5(4) of the sales contract of the ship of this case provides that "the election commission and expenses incidental thereto required for the selection of the ship shall be borne by the plaintiff." ③ On December 11, 2012, the plaintiff filed an application for a summary order of KRW 70,000,000 with regard to the violation of the Ship Safety Act by the plaintiff on March 28, 2013.
According to the above facts, it is reasonable to view that the expenses incurred in the inspection of the ship of this case shall be borne by the plaintiff in accordance with the ship sales contract of this case, and even after the plaintiff purchased the ship of this case and filed an application for mooring the yacht stadium, it shall undergo an inspection