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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of the first instance’s explanation concerning the instant case is the same as that of the first instance judgment, except for cases where the case is resolved or added as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On the second sentence of the judgment of the court of first instance, the following descriptions shall be added at the end of six:
Article 2 of the sales contract of this case provides that "On the other hand, if the seller or the purchaser fails to fulfill the terms of this contract, the other party may demand the other party in writing and cancel the contract. The other party may claim damages arising from the cancellation of the contract to the other party, and unless there is any separate agreement on the damages, the contract shall be deemed as compensation for damages." Article 2 of the sales contract of this case provides that "only the description of the evidence No. 5 shall be written only in the statement of the evidence No. 5, No. 9, and No. 10 shall be written only in the statement of the evidence No. 5, No.
Article 3-B of the first instance judgment.
this subsection shall be filled in as follows:
In the event one of the parties to a bilateral contract offers performance only once during the performance period and makes the other party enter into a delay of performance, the other party is not required to continue the performance under the principle of good faith, even if the other party does not have the right to terminate the contract within the highest period of time, and thus the other party is able to receive the other party's performance and perform his/her obligation (see, e.g., Supreme Court Decision 96Da35590, 35606, Nov. 26, 1996). (B) In cancelling the contract on the grounds of delay of performance, the peremptory notice of performance, which is a prerequisite for the premise, does not necessarily have to be clearly stated in advance for a certain period of time, and the right to cancel expires after a considerable period of time from the highest notice.