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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found to be without dispute between the parties, or recognized in full view of the respective entries and arguments in Gap evidence 1 to 3.
A. The Plaintiff received from Nonparty C a contract for the part of the machinery and equipment (hereinafter “instant construction”) among the new construction of “Dweves” (hereinafter “instant construction”).
B. Around May 2013, the Plaintiff and the Defendant concluded a contract for the supply and installation of the integrated pumps (hereinafter “instant equipment”) (hereinafter “instant contract”).
The important contents are as follows:
4. Items to be supplied: A detailed statement, including raw materials and tools;
5. Contract amount: The supplier shall supply the equipment after obtaining the approval of the ordering office after submitting the material approval as stated in the design documents and specifications; the supplier shall supply the equipment at the cost of the contractor; the equipment shall be reconstructed in accordance with the specifications and specifications, if the contractor supplies the equipment at will different from the specifications approved by the contractor and issues an order for replacement at the ordering office;
C. The Defendant completed the supply and installation of the instant equipment around July 2013, and among them, the cooling cycle pumps are 22kW, 100A, and the cooling cycle pumps are 18.5kW and 80A respectively.
On the other hand, design documents and specifications concerning the instant construction (hereinafter “design documents, etc.”) stipulate 30kW, 150A, and air-conditioning cycle pumps among the equipment of the instant case as follows: 22kW and 125A respectively.
E. As a result of the defect appraisal in the case where the Plaintiff filed a lawsuit against C in relation to the instant construction project, and C filed a lawsuit against the Plaintiff in lieu of the defect repair (Seoul Central District Court 2015Gahap506364 (main claim), 2016Gahap57871 (Counterclaim)) against the Plaintiff as a counterclaim. Of the instant equipment installed by the Defendant, the air condition circulation pumps and air conditioners among the instant equipment installed by the Defendant.