The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The duty to act under the principle of trust and good faith or social rules or sound reasoning is recognized for a person recognized as in a special position to protect the legal interests of the other party or to prevent infringement of the other party’s legal interests, or to take measures to prevent risk factors that may cause harm to the other party or to control and manage the other party’s act in a position to control and supervise the risk factors that may cause harm to the other party, such as a case where there is a special fiduciary relationship due to a dial combination or contractual relationship, etc., and the duty to act shall not be extended to a third party who has not been in such position and shall not be imposed without permission by extending the duty to act against the other party.

(2) In light of the empirical rule, the contractual party is obligated to notify the other party in advance of such circumstances in light of the principle of trust and good faith, in a case where, in a transaction of property rights, one of the parties to the contract has notified the other party of specific circumstances that may affect the validity of the contract, or may endanger the other party’s right. In addition, in a case where it is evident in light of the empirical rule that the other party did not conclude the contract or at least did not conclude the contract on such terms or conditions, the contractual party is obligated to notify the other party of such circumstances in advance. However, even in such a case, the other party is already aware of the fact subject to the duty of disclosure or has a duty to confirm it by himself/herself, or where the other party is expected to know of such fact