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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and incidental appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. Costs of appeal; and
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance as set forth in paragraph (2) below, and except for the addition of the judgment under paragraph (3) below, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. The parts written after the dismissal “Witness” shall be read as “Witness witness C of the first instance trial,” and “Appraiser D” as “Expert D of the first instance trial.”
Part 1 to 7 of the 6th one shall be cut up as follows.
A. In light of the following circumstances, Gap evidence Nos. 9, 12, Gap evidence No. 10-1, 2, Eul evidence No. 11-1 through 6, Eul evidence No. 5, part of Eul evidence No. 5, Eul witness C's testimony, witness D's testimony at the trial of the court of first instance, and appraiser No. D's appraisal result at the trial of the first instance, it is acknowledged that each of the facilities of this case has defects in which normal products cannot be manufactured at the old speed as stipulated in the supply contract of this case.
① In the case of facilities No. 1 of this case, even though they may move at a speed of 45/45 as stipulated in the supply contract of this case, they may produce continuously products that are commercially usable at a speed of 26/10, which are likely to be operated at a rate of 5/10 of the above speed, due to frequent occurrence of flag, flag, fladation, fladation, product modation, etc. on the surface of the products.
2. In the case of the instant secondary facilities, the instant equipment cannot be operated at a speed of 25/10 as stipulated in the instant supply contract, and may be operated at a speed of 24/10, but it is possible to continuously produce products that can be commercially usable at a rate of 18/18.
(3) The defendant has considerable technology about the field of control.