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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not substantially different from the allegations in the court of first instance, and even if the defendant presented evidence in the court of first instance, it is insufficient to recognize the defendant's assertion, and thus, the fact-finding and judgment of the court
Therefore, the court's explanation on the instant case is citing the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following additional parts.
2. Additional determination
A. The Defendant asserts that the Plaintiff’s obligation under the instant design service contract is even subject to approval for use.
However, the testimony of the witness C at the trial as shown above was raised from the defendant.
It is difficult to believe that the Plaintiff or the Defendant’s conversation was followed by the Defendant, and it was difficult to find out what content was specific, and the entries of evidence No. 13 alone are insufficient to recognize it, and there is no other evidence to acknowledge it.
B. The Defendant did not comply with the Plaintiff’s duty to report the change of design by modifying the design drawing.
However, there is no evidence to prove that the Plaintiff had a duty to report the change of design, and each of the evidence Nos. 11 and 12 is insufficient to recognize that the Plaintiff did not have a duty to report the change of design. There is no evidence to prove otherwise
3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.