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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
The first instance court.
Reasons
1. The reasons for the court's explanation of this case are as follows: the "(s)" is added to the "service agreement" of Part 2, Part 7, of the judgment of the court of first instance, and the "after the preparation" of Part 2, 10 is added to the "after the preparation", and the "ner" is added to the "in the front of the "ra" of Part 2, 12, and 3, and the "in the front of the "ra" of Part 2, 12, and 4, and the "in the second and subsequent parts" are added to the "in the second and subsequent parts" as stated in the reasons for the judgment of the court of first instance. Thus, it is cited in accordance with the main sentence of Article 420 of the
2. The supplementary part of the Plaintiff asserts that the Plaintiff’s obligation to supply the land of this case is concurrently performed with the Defendant’s obligation to pay the intermediate payment and the remainder, and the Defendant did not perform the obligation to pay the intermediate payment and the remainder or provide performance to the Plaintiff. Therefore, the Plaintiff’s obligation to supply the land of this case did not result in delay of performance.
In light of the above, if a party to a bilateral contract strictly demands the provision of the performance of one party's own obligation in the bilateral contract, it may rather be the sincere other party to the contract, and thus, the extent of the offer to be made by either party may be reasonably determined so as not to violate the principle of trust and good faith, depending on the time and specific circumstances (see, e.g., Supreme Court Decisions 2001Da36511, Dec. 11, 2001; 2012Da65867, Nov. 29, 201). If the success of trial operation is unclear due to serious problems arising in the pertinent machinery, the contractor may refuse to perform his obligation to pay the progress payment until the success of the construction and trial operation, which are the obligation of the contractor to pay the payment, until the success of the contract. If such problems are unlikely to be resolved within a considerable period, and if the original purpose of the contract is not achieved, the contractor shall perform his obligation to pay the progress payment.