계약대금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following items to the third page of the judgment of the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Additional Parts] The Defendant sold the parts of the above rights to the Plaintiff, such as scrap metal and rain metal purchased from D. Since D sold part of the above rights to another removal business entity and the contract of this case was not implemented, it is not attributable to itself, and the Plaintiff claims damages against D. Thus, it is insufficient to find that the Plaintiff was unable to perform the contract of this case due to D’s tort, and there is no other evidence to acknowledge it. Furthermore, even though the Defendant’s obligation to transfer the right to remove the above three parts due to the reasons attributable to D, not for the original Defendant, but for the removal of the above three parts, the Defendant’s obligation to transfer the right to remove the above three parts is impossible, as alleged by the Defendant, Article 537 of the Civil Act provides that “If the obligation of one of the parties to the bilateral contract becomes unable to perform due to the reasons attributable to both parties, the obligor cannot claim the other party’s performance, and thus, the Plaintiff cannot claim the return of the obligation of this case from both parties in the bilateral contract and the obligor cannot claim payment.
2. Conclusion.