1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. In order to supply pipes to the Gucheon-dong Agricultural Cooperatives (hereinafter “Gucheon-dong Agricultural Cooperatives”), the Plaintiff requested the Defendant to estimate the pipes.

B. On February 21, 2013, the Plaintiff received a written estimate from the Defendant on pipes, and ordered the Defendant to produce pipes on February 22, 2013.

On February 22, 2013, the Defendant requested a pipe production to Dong Chang L&C Co., Ltd. (hereinafter “Dong Chang L&C”).

C. On February 26, 2013, the Plaintiff entered into a contract with the Gucheon-dong Agricultural Cooperative to supply agricultural pipes (SPV HS) to the Gucheon-dong Agricultural Cooperative. On February 27, 2013, the Plaintiff entered into a contract with the Defendant to supply pipes in KRW 62,90,000 (hereinafter “instant contract”).

After receiving pipes from Dong Chang-dong E&S, the Defendant delivered them to Kucheon-dong Agricultural Cooperative upon the Plaintiff’s request.

E. Gocheon-dong Agricultural Co., Ltd supplied the above pipes to farmers, and filed a civil petition that the strength of pipes outside 48.1m outside the farmers is weak.

Accordingly, the Gucheon-dong Agricultural Cooperative requested the Korea Testing and Research Institute to conduct a performance test of pipes, and the result of the test that five items fall short of the Korean Industrial Standards standards for passing agricultural pipeline, filed a claim for damages against the Plaintiff as to damages of 33,428,045 won to farmers by the Gucheon-dong Agricultural Cooperative, and the Plaintiff was awarded a favorable judgment in favor of the Plaintiff without submitting a written response.

(Seoul District Court 2013Kadan42269). (f) around July 2014, Kucheon Agricultural Cooperative notified the Plaintiff that the amount of damages equivalent to KRW 49,606,921 against the Plaintiff would be offset against the Plaintiff’s claim for the purchase of materials equivalent to KRW 42,069,90 against the Plaintiff’s claim for the purchase of materials.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, 7, and Gap evidence 12-2, Eul.