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The appeal is dismissed.
The costs of appeal are assessed against the plaintiff (Counterclaim defendant).
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 and 3, the so-called production supply contract, in which one of the parties agrees to supply goods made by using his/her own materials as ordered by the other party and the other party to pay the price, has the nature of contract in terms of its production and sale and the nature of contract in terms of supply. As such, the applicable law applies to where the goods to be manufactured and supplied under a contract are substitute goods, but where the goods are objects to meet the demand of a specific client, the provision on sale and purchase shall apply, but where the goods are objects to meet the demand of a specific client, the supply of the goods and the manufacture thereof shall become the main purpose of the contract, and the contract shall become contract (see, e.g., Supreme Court Decision 2010Da5685, Nov. 25, 2010). After recognizing the facts as stated in its reasoning, the lower court determined that the machinery and equipment produced by the Plaintiff-Counterclaim (hereinafter “Plaintiff”) pursuant to the contract of this case pursuant to the contract of this case (hereinafter “C”) and Defendant-Counterclaim (hereinafter “Defendant-Counterclaim”).
The judgment below
Examining the reasoning in light of the aforementioned legal principles and the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the nature of a contract, interpretation of declaration of intent, establishment of a confession, and the exercise period of right to rescission, contrary to what
2. As to the ground of appeal No. 2, Article 668 of the Civil Act provides, “a contract may be rescinded in a case where the contractor is unable to achieve the purpose of the contract due to the defect in the object completed,” and the purpose of the contract cannot be achieved in this context is to exercise the right to cancel the contract by requiring a long period, even if the defect is grave and remuneration