(영문) 대법원 2015.06.24 2015다204205 | 리걸엔진

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(영문) 대법원 2015.06.24 2015다204205

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From May 2, 2013 to January 8, 2015, the lower judgment against the Defendant regarding delay damages of KRW 200,000,000.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal, such as violation of the rules of evidence, the lower court rejected the Defendant’s assertion that, based on the adopted evidence, the Defendant: (a) issued a map (No. 4) indicating the location of the road to the Plaintiff; and (b) received the Plaintiff’s co-ownership by calculating the Plaintiff’s share of KRW 36 m23 m2 m2 m22 m2 (36.9 m2); and (c) on the basis that the Defendant received KRW 18.5 million from the Plaintiff, based on a map indicating the location and size of the road that the Defendant intended to sell via a survey around October 2008; (b) concluded the first sale contract; and (c) agreed that the location and size of a specific road was specified; and (d) agreed to invalidate or to change the location of the road when concluding the first sale contract.

The judgment below

In light of the records, the judgment of the court below is just and acceptable, and there is no violation of the rules of evidence as alleged in the grounds of appeal.

2. As to the grounds of appeal, including misapprehension of legal principles as to contract rescission

A. In order to cancel a sales contract on the ground of nonperformance, it shall be the principal obligation to the extent that the purpose of the sales contract is not fulfilled and that the seller would not have concluded the sales contract unless the purpose of the sales contract is fulfilled and the incidental obligation is not fulfilled. In order to distinguish between the principal obligation and the incidental obligation of a large number of contractual obligations, the entire sales contract shall not be rescinded, regardless of the independent value of the performance, and the contract shall be determined by the reasonable will of the parties expressed at the time of the conclusion of the contract or clearly expressed objectively in the circumstances at the time of the conclusion of the contract, and the contract shall be determined by the reasonable will of

유사 판례

-대법원 2015.6.24. 선고 2015다204205 판결

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