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1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part concerning the counterclaim exceeding the next part ordering payment.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. The court's explanation on this part of the parties' assertion is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act
3. Determination
A. 1) Whether there is a defect in the instant work in lieu of the defect repair (a) the present work of this case, or whether there is a defect in the present work? The present phenomenon of blackout which does not enter all lights on the part of the electronic sign board screen at the time of operation of the present work, and the present phenomenon of iceing on the entire screen due to dust, as seen earlier, that is, the present phenomenon of mixing with other images.
As a result of the on-site inspection by the court of first instance in the above facts, comprehensively taking account of the following circumstances acknowledged by the comprehensive consideration of the results of the appraisal by K of the first instance trial and the purport of the entire pleadings, it is reasonable to deem that the above phenomena shown on the screen of the instant work are due to structural defects in the process of production and installation, and it cannot be said that they are natural phenomena or problems in the area of maintenance and management arising from the flow of time, such as the Plaintiff’s assertion.
① The instant work is essential to manufacture and install complicated mechanical devices, such as operating PC, various consortiums, a number of media cans, etc., and wires and optical cables connected thereto in order to realize the author’s image on the screen. As such, mechanical devices or structures such as mechanical devices or structures are defective in the process of manufacture and installation.