1. The plaintiff's appeal is dismissed.

2. The plaintiff's primary claim extended at the trial and the additional preliminary claim.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

The plaintiff's assertion that the plaintiff's contract of this case was cancelled due to defects to the extent that it is impossible to achieve the purpose of the contract of this case. Thus, the defendant is obligated to pay to the plaintiff the rent of KRW 62,40,00 in the purchase price of this case, KRW 80,00 in the compensation for damages, KRW 4,771,297 in the compensation for damages, KRW 1,824,410 in the automobile insurance premium in the year 2012, KRW 269,950 in the automobile insurance premium in the year 2013, KRW 199,680 in the automobile insurance premium in the year 2014, KRW 10,000 in the compensation for damages, and KRW 3,300,000 in the rent calculated in the proportion of KRW 269,950 in the automobile insurance premium in the year 2013.

Preliminaryly, pursuant to Article 581(2) of the Civil Act, the Defendant is obligated to deliver to the Plaintiff a defective vehicle in lieu of the instant vehicle, which is a kind of object, and to pay the principal claim amount with compensatory damages in preparation for impossibility of execution.

According to Articles 581(1) and (2), 580(1), and 575(1) of the Civil Act to determine the primary claim, in cases where the subject matter of sale was designated as a kind, and thereafter there is any defect in the specified subject matter, the buyer may rescind the contract when the objective of the contract cannot be achieved due to the defect, and in cases where the defect does not reach the extent that the objective of the contract cannot be achieved due to the defect, the buyer may claim damages, and in cases where the defect does not reach the extent that the objective of the contract cannot be achieved due to the defect, the buyer shall have the right to claim damages, instead of rescinding the contract or claiming damages

Here, it is impossible to achieve the purpose of the contract due to the defect of the object, even if the defect is not significant and remuneration or possible, the right to cancel the contract shall be exercised, such as requiring a long period.