1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. “WC-(76,22)” in Part 2 of the Decision of the Court of First Instance 13 is to be “WC-3(76-22), 5 pages 10 and to be implemented “WC-3(76-22)”, and 5 pages 10, respectively.

On the 9th judgment of the first instance court, the following shall be added to the 11th judgment:

④ Since the supply contract of this case is a private contract to which the principle of private autonomy applies, it is possible for the Defendant to change the contents stated in the specifications of this case to the agreement of the parties. As the Plaintiff and the Defendant collected samples for 1,2, and 1,2, from the asphalt compound transported on the date of execution by agreement, and used samples for 1,2, and conducted the 2, the second prosecutor of this case. However, as seen above, the Defendant asserted that the second prosecutor of this case was lawful. However, it is insufficient to recognize that the Plaintiff and the Defendant agreed to conduct the second inspection by using samples collected from the asphalt compound compound transported on the date of execution different from the provisions of the specifications of this case using samples collected from the 1,2, and there is no other evidence to acknowledge otherwise.

3. Conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.