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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is that the plaintiff asserts again or newly in the trial (to the extent of supplement as to the contents written in the reference documents submitted by the plaintiff after the closing of arguments in the trial), and the defendant Korea Institute of Science and Technology (to the extent of supplement as to this case) stated in the reasoning of the judgment of the court of first instance, except when the plaintiff withdraws the main safety defense as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
At the last end of the fifth upper end of the ruling of the first instance court, “(2) The Korea Institute of Science and Technology may terminate this contract by notifying the Plaintiff in writing of its performance with a period of thirty (30) days specified in any of the following subparagraphs. 1. The Plaintiff fails to notify the date of commencement of production within the period specified in Article 3(1) or is presumed to have waived its performance even before the date of commencement of production.”
Part 5 of the decision of the first instance court "2. The plaintiff's argument" in Part 2 of the "Summary of the plaintiff's argument" shall be added to "check".
Part 5 to 9 of the 7th sentence of the first instance court (the part on the judgment on the changes in the main safety of the defendant Advanced Institute of Science and Technology) shall be deleted, therefore, the "4." of the 9th sentence shall be deemed "3.", the "5." of the 15th sentence shall be deemed "4.", and the "6." of the 16th sentence in the 13th sentence shall be deemed "5."
Part 12-13 of the judgment of the first instance court shall be applied to the purpose of the instant implementation agreement and the obligations under the instant implementation agreement of the Defendant Korea Institute of Science and Technology.
The 6th of the judgment of the first instance court shall use the 11st "fire fighting" as the "fire fighting disease", the 12th sentence and the 13th sentence in the 13th sentence shall be used as the "written request for promotion", and the 14th sentence in the 13th sentence "the defendant" shall be "the Korea Institute of Science and Technology" or "the defendant at least".