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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a contract with the Defendant to subcontract construction related to the installation of inner field pipes, sloping machine production, 4th raw material tank production, 3th PE tank production, and CNSL pipeline-related construction.
(hereinafter “instant construction contract”). The total construction cost of the instant construction contract is KRW 459,930,356 (including surtax).
The defendant issued a tax invoice on the above construction cost.
B. The above PE tank 3 is a bed tank related to C Corporation (hereinafter “the instant bed tank”). The bed tank of this case is to be supplied at the site of D Corporation.
【E Co., Ltd. Co., Ltd. (hereinafter “E”).
(C) A contract was given to the Plaintiff, and the Plaintiff subcontracted to the Defendant.
On January 9, 2017, the Plaintiff ordered the Defendant to construct the instant bed tank manufacturing, and the design drawings (hereinafter “design drawings of this case”) issued by the Plaintiff to the Defendant are conducting PE-rating on the carbon materials tank, and the temperature conditions were 60 degrees.
After manufacturing the 3th of the carbon materials tank, the defendant requested F Co., Ltd. to conduct the PE-rating of the above carbon materials tank.
E. On April 13, 2017, the Defendant supplied the instant settling tank 1 machine to D construction site, which was produced by PE-rating according to the design drawings of the instant case.
F. At that time, with respect to CNSL construction, G manufactured, supplied, supplied, or supplied a bed tank manufactured by PE hosting to H and I, but there was a defect.
G changed the use temperature to the FRP tank because the PE-rating part did not play a role, even though the repair of defects was conducted several times, and the use temperature was excessive.
(F) On April 24, 2017, the Defendant supplied the instant bed tank 1 apparatus manufactured by CPC hosting, and supplied the instant bed tank 1 apparatus manufactured by CPC hosting on April 25, 2017.
In addition to those changed from PE-rating to PC-rating, this case.