1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff (Counterclaim defendant) corresponding to the revoked part is revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 25, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell the vessels listed in the attached list (hereinafter “instant vessels”) for oil storage using a public sale procedure, and the Defendant paid KRW 49,829,000, which is the total purchase price of the instant vessels, until October 6, 2014.

B. Although the sales contract of this case prescribes that the defendant takes over the ship within 15 days from the date of the contract, and that all the liabilities for the failure to take over the ship shall be the defendant, the defendant has a defect in the ship of this case, and has not taken over the ship

C. The instant vessel is anchored in the vicinity of the wooden Port, and the Plaintiff was liable for the occupancy and use fee of the instant vessel generated from October 11, 2014 to May 31, 2019 from the date of the contract to October 31, 2019, and the Defendant paid only the occupancy and use fee from October 11, 2014 to May 31, 2015 to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap’s statements or images, and the purport of the whole pleadings, as described in Gap’s evidence (including a variety number; hereinafter the same shall apply), Eul’s evidence Nos. 1, 2, and 11, and the whole pleadings

2. Judgment on the counterclaim

A. Although there is a significant defect in water difference in a non-designated space for the purpose of securing spare parts of the Bodrid Tank (VOIDK), protecting cargo tanks from damage to the cargo tank, maintaining the structural strength of the vessel, preventing marine pollution, etc., the Plaintiff concealed such defect and concluded the instant sales contract with the Defendant.

Therefore, the Plaintiff’s breach of its duty to deliver a complete vessel with normal performance, thus rescinding the instant sales contract.

(Preliminaryly, the plaintiff has concealed the above defects and deceiving the defendant, and thus the contract of this case is revoked).