1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment under Paragraph 2 and the addition of the judgment under Article 420 of the Civil Procedure Act. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

The 10th page 2 of the 10th page shall be changed to “vehicle”.

Part 11 7: The following shall be added to the following:

Even if the obligee’s demand for the performance of the obligation that the obligee is liable to pay to the obligor cannot be said to be the peremptory notice for performance unlawful, in light of all circumstances such as the situation before and after the obligor delayed performance, the attitude of the parties to the performance, and the progress of the lawsuit, etc., if it is deemed that the obligor has justifiable grounds for failing to perform the obligation within the highest period or within a reasonable period, it may be restricted from exercising the right of rescission on the ground that the obligor did not provide performance or performance within the highest period or within a reasonable period (see, e.g., Supreme Court Decision 2013Da1480, 14897, Jun. 27, 2013). In other words, there is a dispute between the Plaintiff and the Defendant as to the amount of the obligation that the Defendant paid to the obligor as part of the remainder and whether there exists a claim opposing the obligor’s claim to offset the remainder that the Plaintiff actually remains against the obligor’s obligation to cancel the contract of this case, and thus, the Plaintiff’s assertion that the Plaintiff did not exercise the obligation to cancel or terminate the contract of this case.