The costs of appeal are assessed against the Plaintiff.

The judgment below

According to its reasoning, the lower court acknowledged the facts as indicated in its reasoning, and determined that (1) it is difficult to view that the Defendant delegated C the right to rescind the instant sales contract with respect to the Plaintiff’s assertion that the instant sales contract was rescinded on January 31, 2011 by C, and (2) it is difficult to view the Plaintiff’s assertion that the Defendant refused to implement the instant sales contract and subsequently rescinded the instant sales contract, as a clear and final expression of the intent not to implement the procedures for delivery of the instant machinery and transfer of ownership, which is its own obligation, and thus, dismissed the Plaintiff’s claim on the premise that the instant sales contract was lawfully rescinded.

Examining the relevant legal principles and records, the lower court’s fact-finding and judgment are justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by recognizing facts contrary to logical and empirical rules or by misapprehending the legal principles on impossibility of performance, or by failing to exhaust

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.