설비대금반환등
The appeal is dismissed.
The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, the lower court determined that the provision on the contract of this case concerning the contract of this case is applicable since the contract of this case with the nature of the contract of this case and the manufacture and supply of the facility of this case constitutes the ancillary article for reasons as stated in its reasoning
In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the production supply contract or contract.
2. As to the ground of appeal No. 2, the lower court determined that the instant contract could not achieve its original purpose, on the grounds stated in its reasoning.
In light of the records, the above judgment of the court below is just and acceptable, and contrary to what is alleged in the grounds of appeal, there is no violation of the law of logic and experience and free evaluation of evidence.
3. As to the ground of appeal No. 3, the lower court acknowledged the facts as indicated in its reasoning based on the evidence of employment, and determined that the exclusion period under Article 670(1) of the Civil Act regarding the rescission of the contract of this case was not run since the Defendant (Counterclaim Plaintiff) failed to complete the performance test after starting the instant facility.
In light of the relevant legal principles and records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles regarding the starting point of the exclusion period, or in violation of logical and empirical rules and free evaluation
4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.