원상회복 등
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 52,295,848 won and 848 won.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The court's explanation on this part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this part of the judgment of the court of first instance is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. 1) The last page 8 of the judgment of the court of first instance is as follows. The Defendant installed the instant inspector on November 23, 2017, which was transported to the Plaintiff’s factory. On November 29, 2017, the Plaintiff conducted an additional inspection of the instant inspector at the Plaintiff factory, and the transfer department’s problem was complete) the following was added to the last page 20 of the judgment of the court of first instance, the second page 9 of the judgment.
“The Defendant shall resolve the problems of the instant inspector at the Defendant’s workplace, and collected the instant inspector at the Plaintiff’s factory on December 28, 2017.” 3) The last parallel of the first instance judgment is as follows. The Plaintiff shall add “The Plaintiff, at the final examination conducted by the Defendant’s workplace on January 8, 2018, the test of the 30 (1st test) and 35 (2st test) of the first instance judgment on the 11th test (4th test) of the first instance judgment “the Plaintiff shall be deemed as “the grounds for recognition”)” and “The Plaintiff shall add “The 31st evidence, 4, and 6th evidence” as the grounds for recognition.
2. Summary of the parties' arguments
A. The reasoning for the court’s explanation on this part is as stated in the corresponding part of the judgment of the first instance (Articles 11, 8, and 13). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. Counterclaim 1) The Defendant completed the instant inspector pursuant to the instant contract. As such, the Plaintiff is obligated to pay the Defendant a sum of KRW 39,600,000,000, both the intermediate payment and the remainder, along with the receipt of the instant inspector from the Defendant. 2) The Plaintiff did not consent to the Defendant’s counterclaim.