logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2017.04.13 2016나23475
계약자지위 확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance, except where the court added the judgment identical to that stated in paragraph (2) to the defendant's assertion, and thus, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The Plaintiff’s assertion 1) Even if the cause attributable to the Plaintiff regarding the Plaintiff’s failure to obtain authorization on the instant project within six months from the date of formation of the instant contract, this is merely the Plaintiff’s failure to perform incidental obligations, not the principal obligation under the contract, and thus, the Defendant cannot rescind the instant contract on this ground. 2) In order for the contracting party to rescind the contract on the grounds of the other party’s nonperformance, the Defendant shall notify the other party of performance by fixing a reasonable period, and the other party may exercise the right of rescission only when the other party fails to perform the contract within the maximum period. The Defendant did not notify the Plaintiff

Therefore, the defendant's notification of cancellation is unlawful.

B. 1) In order to cancel a contract on the grounds of nonperformance, whether the obligation to obtain authorization within the agreed period is the principal obligation or not, the contract shall be the principal obligation to the extent that the contract was not concluded because the obligation in question is unnecessary in accomplishing the purpose of the contract, and if the obligation in question is not fulfilled, the contract shall not be entirely rescinded.

In distinguishing the principal and incidental obligations from the contractual obligations, the parties expressed or clearly expressed in the situation at the time of concluding the contract, regardless of the independent value of the performance.

arrow