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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2014, the Plaintiff entered into a contract with the Defendant to be supplied with coal packaging materials (hereinafter “instant supply contract”) from the Defendant (hereinafter “instant packing materials”), and supplied the said products on April 21, 2014, and performed the construction work using the said products at the Daegu-gu, Daegu-gu, Incheon-do, and the Packaging Corporation (hereinafter “instant packing work”).
B. However, on June 17, 2016, when the lead (pb) component in the carbon packing material as above was detected in excess of the standard value of the KS F 3888-2 size, the Plaintiff removed the packaging of the above acid and re-re-exploited it.
C. Accordingly, the Plaintiff demanded the Defendant to re-delivery of the above KS F F 388-2 standard, but the Defendant refused the above demand. The Plaintiff supplied the product that satisfies the above standard to the other company C in KRW 49.5 million and completed the removal and reconstruction construction of the existing industrial book.
[Ground of recognition] The fact that there is no dispute, Gap 3, 5, 8, Eul 1, 2, 5 (including branch numbers, if any; hereinafter the same shall apply), and the purport of whole pleadings
2. The assertion and judgment
A. On April 21, 2014, the Plaintiff and the Defendant entered into the instant supply contract with the supply of carbon packaging materials that meet the heavy metal standard at the site of the packaging construction of this case on April 21, 2014, but the Defendant is belonging to the Plaintiff and supplied coal packaging materials, the Plaintiff incurred losses in the cost of KRW 5,911,190 to remove and reconstruct the existing carbon packing materials, and thus the Defendant is liable to compensate the Plaintiff for the said damages. (ii) Although the Plaintiff and the Defendant entered into a contract with the Plaintiff for the supply of coal packaging materials that meet the standard of 3888-2 of KSF, which are the heavy metal standard, the Defendant is liable for compensating the Plaintiff for the damages.