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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1. The primary description;
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance, except for adding the following contents to the six, thirteen, and the following:
[Supplementary part] The plaintiff asserts that the non-party company could not perform the obligation to transfer the right of use under the contract of this case upon the termination of the contract of this case against the defendant, and even if the defendant's cause is not recognized, the reason attributable to the plaintiff is not recognized. This constitutes "when one of the parties to bilateral contract becomes unable to perform due to any cause not attributable to both parties" and the defendant, who is the debtor, is not entitled to claim the performance of the price (61,00,000) under the contract of this case under Article 537 of the Civil Act to the plaintiff who is the other party. Thus, the defendant asserts that the plaintiff should return to the plaintiff the sum of the price and the union cost (61,50,000,000 won (50,000 won) under the contract of this case) and the delay damages as unjust enrichment.
However, as seen earlier, in light of the termination of the instant license agreement, which is the premise of the instant contract due to the Plaintiff’s mistake, such as notifying the non-party company of the transfer of the instant seller interest, it is difficult to deem that the Defendant’s obligation to transfer the name of the right to use under the instant contract could not be performed due to the Plaintiff’s fault on the part of the Plaintiff, and that the Plaintiff’s obligation to transfer the right to use was impossible due to the Plaintiff’s fault.
The plaintiff's assertion on this part is without merit.
2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed.