1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a doctor operating “D Council member,” and B (Co-defendants in the first instance court) is a business operator operating a medical device manufacturer with the trade name “E,” and the Defendant is the business owner of “F” who is the husband of the medical device sales business, actually operated by H.

B. On January 8, 2010, the Plaintiff entered into a contract with H to purchase the Rawing G (hereinafter “instant medical device”) manufactured by the Plaintiff from F to purchase KRW 28.6 million (including value-added tax) (hereinafter “instant sales contract”) and remitted the instant medical device to H’s account and paid the purchase price in full, and received a tax invoice and a statement of transaction issued under the Defendant’s name.

C. As the output of the first medical device delivered by the Plaintiff does not meet the standard, the Plaintiff was exchanged with the same type of medical device (hereinafter “the instant second medical device”) by raising an objection to the manufacturer B around April 2010.

On March 201, the Plaintiff asked B to exchange the instant medical device with the same kind of mechanical device by resisting that there was a defect in theter, etc. of the instant secondary medical device. As the output of the mechanical device is too strong, the Plaintiff re-deliveryed the instant two medical device to the effect that the repair was completed again.

(hereinafter referred to as “each of the instant medical devices” in combination with the first and second medical devices.

On May 27, 2011, the Plaintiff sent to B a content-certified mail stating that “The instant secondary medical device was defective, and there was no response, and the Plaintiff sent a peremptory notice, and the Plaintiff would withdraw legal measures without taking any measure by June 4, 2011.” The said mail reached B around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 each of the instant medical devices is governed by the Ministry of Food and Drug Safety.