1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

The defendant's grounds for appeal 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 is re-examined, the fact-finding and judgment of the court of

Therefore, the court's explanation on the instant case is based on the reasoning of the judgment of the court of first instance No. 4 of the first instance as follows: "The defendant does not comply with the claim for the continued performance of the remainder." "The plaintiff does not comply with the claim for the continued performance of the remainder," and 3.b. "Nos. 5, 11 through 7, 6 of the first instance judgment."

The part of the judgment on the defendant's argument is as stated in the reasoning of the judgment of the court of first instance, except in the following cases, and such part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

B. The defendant's assertion 1) When each party's right to defense of simultaneous performance is related with each other's obligation on the basis of the concept of equity and the principle of good faith, and when each party's obligation is related to each other's performance, one party's right to defense of simultaneous performance is acknowledged to allow the other party to refuse the other party's obligation when the other party's obligation is requested to discharge one party's obligation without performing the other party's obligation or providing the other party's obligation. In light of the purport of this system, even though each obligation borne by the party is not in a bilateral contract's own obligation in terms of the bilateral contract, if it is meaningful as a quid pro quo in accordance with the terms of the agreement on the obligation borne by each party's obligation under a specific contractual relationship and there is a circumstance to recognize the relationship of performance, the right to defense of simultaneous performance may be acknowledged (see, e.g., Supreme Court Decision 2004Da24557, Jun. 9, 2006).