The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in the court of first instance (each of the evidence No. 16, 17) and the fact-finding and the judgment of the court of first instance are justified.

Therefore, the reasoning of this court concerning this case is as follows, in addition to adding a judgment on the argument emphasized by the plaintiff in the trial, it is identical to the reasoning of the judgment of the court of first instance. Thus, this court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

In addition, the part on additional determination (a termination as prescribed by Article 689(1) of the Civil Act), the Plaintiff’s assertion constitutes a delegation contract, and thus, the Plaintiff, a delegating, can also terminate the contract in accordance with Article 689(1) of the Civil Act, in addition to the termination of the contract of this case under Article 11(2).

In Supreme Court Decision 2017Da53265 Decided May 30, 2019, the legal doctrine on “where Article 689 of the Civil Act does not apply to the case of mutual termination of delegation” was presented.

However, unlike the above case, there is no provision on the procedure for termination of a contract or the liability for damages in the event of termination of a contract, as well as the reason for termination of a contract is not limited to the nonperformance due to the other party's fault, and also includes modification of policies, natural disasters, or other force majeure events related to the rearrangement project, and thus does not constitute the subject of the above legal doctrine.

Judgment

Article 689 of the Civil Code is merely a voluntary provision and thus, the application of the above provision may be excluded by the agreement of the parties or its contents may be differently determined.

If the parties have determined the grounds, procedures, and liability for damages different from those stipulated in Article 689(1) and (2) of the Civil Act while entering into a delegation contract, it may be deemed that Article 689(1) and (2) of the Civil Act applies separately from these agreements.