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The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Basic facts
A. On January 16, 2017, the Plaintiff entered into an agency sales contract with the Defendant to sell the PVC heading, building materials, paints, and glass supplied by the Defendant (hereinafter “instant contract”). Around that time, the strengthening floor provided by the Defendant (hereinafter “the strengthening floor”) was constructed at the E, Daejeon F, and G apartment site.
B. However, since one year has not passed since construction was executed, there were differences in the floor of strengthening this case, the Plaintiff paid 61,325,000 won in relation to the E site, and 32,628,000 won in relation to the Daejeon F site, and 34,485,000 won in relation to the G site.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 9, 10 items, images, and the purport of the whole pleadings
2. The plaintiff's assertion that the floor of the reinforcement of this case considerably falls in the Belgium coefficient and seal strength compared to other products, and even though Belgium is constructed by the I method with a patent, it falls short of the standards prescribed in the above patent. As a result, the difference between materials occurs, the defendant is liable to compensate for damages equivalent to KRW 128,438,00, paid by the plaintiff due to the defect.
3. According to the records in Gap evidence No. 4 and the appraiser J's evaluation results, most of the defects of the reinforcement floor of this case constructed in E, Daejeon F and G apartment is a smuggling phenomenon caused by the sparling of the length direction of the piece, and where a gap occurs in one time, the sparing one is small, and the difference in the number of times is increased. The combined power between the materials of other reinforcement ridges is 17.08 gf, 23.76 gf, 9.10 gf, while E is against the fact that the combined power between the materials of the reinforcement floor of this case constructed in G apartment is 5.7kggf, and the lower length of the reinforcement floor of this case is H standard.