The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court rejected the Defendant’s assertion that the Plaintiff is not the counterparty, and determined that the sales contract was concluded between the Plaintiff and the Defendant with respect to the 3,484kg where no delivery and payment has yet to be made among the instant mixtures 4,745 km as indicated in the instant order.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower judgment did not err by misapprehending the legal doctrine regarding the determination of contracting parties and the formation of a contract, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the grounds of appeal Nos. 3, 4, and 6, the lower court rejected the Defendant’s assertion that, in light of the empirical rules or the concept of transaction, the Plaintiff’s obligation to deliver the mixture No. 3,484 g of this case was impossible to expect the implementation of the obligation due to the grounds attributable to the Defendant, such as the Defendant’s refusal to receive it, and thus, the Plaintiff cannot claim for the purchase of goods.

Furthermore, the Plaintiff rejected the Defendant’s simultaneous performance defense on the ground that the obligation of delivery 3,484kg of the instant mixtures became impossible due to the Defendant’s fault.

The judgment below

Examining the reasoning in light of the relevant legal principles, the above judgment below did not err by misapprehending the legal principles as to simultaneous performance relations, failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

3. As to the grounds of appeal No. 5, a circumstance in the rescission of a contract on grounds of change of circumstances refers to the circumstances forming the basis for the formation of the contract to the parties, and does not include circumstances in which the parties did not use as the basis of the contract, or circumstances in which either party did not give any disadvantage or risk due to changes.

The change in economic conditions, etc.