선수금 등 청구의 소
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 and 2, the lower court, on the grounds as indicated in its reasoning, deemed that the instant construction contract was lawfully rescinded, on the ground that the instant construction contract was not automatically terminated due to force majeure, but was in a state of delay due to the circumstances of the Daewoo Automobile Sales Co., Ltd. (hereinafter “former Daewoo Automobile Sales”), and that the official document dated July 14, 2012, including the expression of intent to cancel the contract by the Libya Infrastructure Management Agency, reached the custodian of the competent personnel in charge of Libya local affairs at Libya and Libya and C, etc., the instant construction contract was automatically terminated prior to the commencement of rehabilitation due to force majeure.
or may not be deemed as an expression of intent of cancellation of the above official document.
The defendant's assertion that the above official document cannot be seen as having reached the administrator is rejected.
Examining the record in accordance with the relevant legal doctrine, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the interpretation of disposal documents, the expression of intent to the custodian of the rehabilitation company, and the arrival thereof
2. On the ground of appeal No. 3, the lower court rejected the Defendant’s assertion that, on the grounds as indicated in its reasoning, the Defendant’s claim on the construction contract of this case is that the obligation and the obligation arising from the construction contract of this case pursuant to the above rehabilitation plan is attributed to treatment transmission development, on the ground that the treatment transmission development continues to exist after the former treatment automobile sales was divided according to the rehabilitation plan for the former treatment
Examining the record in accordance with the relevant legal doctrine, the lower court’s aforementioned judgment exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, or exceeds the legal doctrine.