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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 Plaintiff, upon receiving a request for the supply of the synthetic leather originals for shoes from the three-day Common Co., Ltd. (hereinafter referred to as the “Seoul Common Port”), supplied the originals from the Defendant on June 4, 2015 (hereinafter referred to as the “instant originals”), and supplied them to the three-day Common Port.
Slun Young manufactured a new project ordered by Agrosian as the original unit of this case, and as a result, the problems arise on the new project surface which is a finished product, part of the finished product re-produced after discarding and supplied the remainder after removing the name.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Eul evidence 4-2-2, fact-finding results of part of the fact-finding about three-day, the purport of the whole pleadings
2. The plaintiff's argument was that the expenses of KRW 26,38,640 were spent for the selection and repair of defective products in which the oil occurred, and the deduction was made from the price of the goods to be paid to the plaintiff. Since the original part of this case supplied by the defendant was less than the standard value presented by the Agsian company, the defendant is liable to compensate for damages of the above 26,338,640 won suffered by the plaintiff.
3. According to the evidence Nos. 7 and 8 of the judgment of the court below, it is acknowledged that the original body of this case falls short of the seal and seal standard values required by the Agsianian, but there is no evidence to prove that the plaintiff requested quality corresponding to the standard values required by the Agsianian while ordering the original body to the defendant. Thus, the original body of this case cannot be deemed as inferior merely because it falls short of the above standard values.
In addition, it is not sufficient to recognize the fact that the name of the new surface was caused by the original part that does not meet the criteria required by the above Agrosian, and there is no other evidence to acknowledge it.
Rather, according to the result of this court's appraisal, it has occurred.