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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the defendant adds the following judgment as to the assertion emphasized or added by the court of first instance, and thus, this part of the reasoning of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. 1) Whether the contract of this case was lawfully terminated 1) The defendant's assertion that the contract of this case was lawfully terminated 1) and the defendant did not fail to perform responsibilities under the contract of this case. Even if the defendant failed to perform responsibilities under the contract of this case and the plaintiff was able to terminate the contract of this case, the plaintiff did not notify the defendant of the implementation of the contract of this case within a reasonable period of time. Thus, the contract of this case still remains valid since the plaintiff did not notify the defendant of the implementation of the contract of this case. 2) The peremptory notice of performance, which is the premise of the contract, is not necessarily required to specify a certain period of time in advance, and the right of rescission shall arise after a considerable period of time has elapsed from the highest time (see, e.g., Supreme Court Decision 2006Da60090, Dec. 27, 2007). This legal principle is equally applicable to the termination of the contract of this case.
① The Plaintiff and the Defendant have purchased and stored agricultural products with the Plaintiff’s funds in a warehouse, sold them at the purchase price, and have traded agricultural products for which the Plaintiff received certain interest and fee from the Defendant.
② On January 28, 2014, the Plaintiff purchased rice and miscellaneous grains from a farmer in 2012 to 2014.