1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a borrower who moved a tank lorri vehicle into E, a company subcontracted to D, a company which entered into a logistics transport contract with C, and the Defendant is a person who engages in the business of manufacturing and selling tank in the name of “F.”

B. On July 1, 2017, the Plaintiff entered into a sales contract with the Defendant to set the price of KRW 47 million for the tank specified in the separate sheet (hereinafter “instant tank”) and paid the Defendant the down payment of KRW 4 million.

C. On September 14, 2017, before the instant tank was delivered to the Plaintiff, G Co., Ltd. issued a hydrotension test report stating that “it does not have any error in tank transformation or leakage” by conducting a safety inspection on the said tank, which entered the workplace of H, and H conducted the crypting work of the instant tank at the Plaintiff’s expense.

After that, on September 21, 2017, the Plaintiff paid the Defendant the remainder of KRW 43 million under the instant sales contract and received the instant tank from the Defendant.

E. There is a defect in the tank of this case where its inner diameter is displayed and part of its parts are removed.

F. From September 29, 2017, the Plaintiff is running the transport business by using the tank glass vehicle with the instant tank installed from around September 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 5, and 6, each of the statements and images, witness I's testimony and the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion 1) The Plaintiff’s defect in the instant tank constitutes a serious defect to the extent that it is difficult to achieve the purpose of the contract, and thus, the instant sales contract is cancelled. Accordingly, the Defendant must return the instant tank to the Plaintiff at the same time as the sales price of KRW 47 million. 2) As a result of the Defendant’s safety inspection, there is no error in the instant tank.