1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 42

In the case of cancellation of a contract due to the request of the other party for non-performance in advance, the requirements for cancellation are mitigated when compared with the cancellation of the contract at the time of the delay of performance because it does not require the other party's peremptory notice and simultaneous performance. In addition, in order to recognize implied intent for refusal of performance by taking into account the various circumstances at the time of the contract or after the contract, the intention of refusal must be clearly recognized (Supreme Court Decision 2010Da77385 Decided February 10, 201). Upon the lapse of June 27, 2016, the original payment date of KRW 450,000,000,000, which was 280,000,000,0000 won, which was 2.6 billion won, the defendant requested correction of the part payment under the condition that the plaintiff would not receive the part payment under the condition that the plaintiff would not receive the part payment under the pretext of 260,700,000,000 won.