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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
A special contract for the loss of the benefit of time may be divided into two parts: (a) a special contract for the loss of the benefit of time under a condition precedent, which naturally causes the loss of the benefit of time and the arrival of the due date, and (b) a special contract for the loss of the benefit of time, which provides that the due date shall arrive after the obligee’s act of intent, such as the obligee’s notice or claim, after a certain cause occurs; and (c) a special contract for the loss of the benefit of time constitutes either one of the two. However, in general, in light of the fact that the special contract for the loss of the benefit of time is for the obligee, it is reasonable to presume it as a special contract for the loss of the benefit of time under a condition precedent, unless there are special circumstances to
(See Supreme Court Decision 2002Da28340 Decided September 4, 2002, etc.). The lower court rejected the Plaintiff’s assertion that the provision on the loss of benefit under Article 3-1(1) of the instant contract constituted a special agreement on the loss of right to form, and thus, the Defendant was deprived of the benefit under January 6, 2010, for which the management procedure under the Corporate Restructuring Promotion Act commenced.
Examining the records in light of the above legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the nature of the provision on
In addition, as long as such judgment of the court below is justified, the legitimacy of the court below's assumptive and additional judgment cannot affect the conclusion of the judgment, and the argument in the grounds of appeal on this issue cannot be accepted without further review.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.