beta
Text
1. All appeals filed by the plaintiff and the defendant and the plaintiff's claims added by this court are dismissed.
2. Appeal;
Reasons
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim amounting to KRW 580,000,000
A. 1) Determination as to the cause of claim 1) In a bilateral contract based on the relevant legal doctrine, when one of the parties has expressed his/her intention not to perform his/her obligation in advance, the other party may rescind the contract without demanding performance or providing his/her own performance. Whether the other party expressed his/her intention not to perform his/her obligation should be determined by examining the behavior of the party in connection with the performance of the contract and the specific circumstances before and after the contract.
(See Supreme Court Decisions 90Da8374 delivered on March 27, 1991, 2005Da63337 delivered on September 20, 2007, etc.). In addition, in the case of cancelling a contract due to the so-called “non-performance” in which the other party expressed his/her intention not to perform in advance due to the nonperformance, the requirements for cancelling a contract are alleviated when compared with the rescission of the contract at the time of delayed performance because the other party’s demand for the performance and the other party’s demand for the performance of his/her own obligation in a simultaneous performance relationship is not required. In addition, in order to recognize the intention of implied refusal by taking into account all the circumstances after the contract or after the contract, the intention of refusal must be clearly recognized in light of the circumstances
(B) In light of the above legal principles as to whether the Defendant had expressed in advance his/her intent not to perform his/her obligation, in addition to the foregoing basic facts, the following circumstances, which are known by the evidence and the entire purport of oral argument (i.e., collectively taking into account both the evidence and the following circumstances (see, e., Supreme Court Decision 2010Da77385, Feb. 10, 201).