1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From 2014 to 2016, the Defendant supplied premium to the Plaintiff, and the Plaintiff manufactured and sold the attached new premium.

B. Upon the Plaintiff’s request in December 2017, the Defendant paid KRW 27,00,000 to the Plaintiff at the cost of replacing the premium, and provided the Plaintiff with free of charge the cost of KRW 12,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 8-1 to 13, the witness C's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) spent the Defendant’s expenses of KRW 42,050,000 in total, from October 2016 to September 2017, and KRW 35,000,00 in total, from January 35, 2018.

(2) The Plaintiff was unable to sell any more 2,376 knife 2,376 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife n

(3) Therefore, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 137,090,000 ( KRW 42,050,000) incurred from the supply of defective liftss ( KRW 95,040,000).

B. (1) There is no defect in the goods supplied by the Defendant.

Even if any defect exists, the Plaintiff did not immediately notify the Defendant of the defect as soon as he was supplied with the premium by the Defendant. Thus, the Plaintiff cannot claim damages due to the defect pursuant to Article 69(1) of the Commercial Act.

(2) Even if the Plaintiff could seek damages from the defect of the premium, the Defendant paid KRW 27,00,000 to the Plaintiff at the Plaintiff’s request for repair of the premium on December 2017, and provided a new product of KRW 12,000,000 to the Plaintiff. Thus, the Plaintiff’s claim cannot be complied with.

3. Determination of the parties' arguments

A. Between the merchants claiming compensation for damages due to warranty liability.