기타(금전)
1. The plaintiff's appeal is dismissed.
2. The defendant, upon the plaintiff's ancillary claim added by this court, shall be the defendant.
The grounds for appeal by the plaintiff as to the primary claim are not different from the allegations in the first instance court, and the fact-finding and decision in the first instance court are justified even if each evidence submitted in the first instance court is presented by this court.
Therefore, the judgment on the main claim of this court is identical to the reasoning of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
If the plaintiff's assertion on the conjunctive claim is that the amount of KRW 50 million that the plaintiff paid to the defendant is not paid according to the stock transfer contract, but is paid as the amount of loss security like the defendant's assertion, the plaintiff will terminate the above damage security contract and claim the return of KRW 50 million.
Judgment
According to the overall purport of evidence Nos. 1 through 3 and all pleadings, it is acknowledged that the contract of this case was concluded with the purport that the plaintiff shall pay 50 million won to the defendant as a security for damages that may arise in the course of using the name of the defendant company. The fact that the plaintiff did not incur damages to the defendant in the course of using the name of the defendant company is not disputed between the parties, and it is evident in the record that the copy of the brief dated May 19, 2020 containing the plaintiff's expression of intent to terminate the contract for damage security is delivered to the defendant on May 22, 2020, and therefore, the defendant is liable to pay 50 million won to the plaintiff from May 23, 2020 on the day following the delivery of the copy of the above legal brief, to the extent that it is reasonable for the defendant to appeal about the existence or scope of the obligation to pay 50 million won to the defendant from May 23, 2020 to August 11, 2020.
The Plaintiff’s instant case from February 24, 2015.