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

Purport of claim and appeal

Judgment of the first instance.

A. The Defendant is a non-corporate body established for pilot projects, such as welfare, friendship, joint sale and transportation of catches, development of fishing grounds for fishing operations, joint purchase, etc., of diving fishermen operating in the macro-si area.

B. 1) On May 10, 2007, the Plaintiff issued a cashier’s check of KRW 100,000 at par value to the Defendant (hereinafter “the instant money”).

(1) On the same day, the Defendant issued a receipt stating that “one million won per day from the Defendant shall be paid for the operation of diving machines in full” (hereinafter “the receipt of this case”).

(2) The Defendant’s members received the instant money equally.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. On May 10, 2007, the Plaintiff’s assertion entered into a contract with the Defendant to be provided with a new maidr collected by Defendant members from diving operations, and delivered the instant money to the Defendant under its price, and received the instant receipt from the Defendant.

However, since the Defendant did not supply the Plaintiff with a new light pursuant to the above contract, and the Plaintiff cancelled the above contract, the Defendant is obligated to pay the Plaintiff KRW 100,000,000 as its restitution and delay damages therefor.

B. The facts of recognition 1) ① On May 5, 2007, the Plaintiff prepared a sales contract with FF fishing village fraternity to purchase the new lighting and the right to take out the steering gear in KRW 405,00,000, and paid the FF fishing village fraternity the remainder of KRW 40,000 on the same day, and KRW 365,000,000 on May 7, 2007. ② On May 7, 2007, the Plaintiff received a receipt from FF fishing village fraternity to the effect that “the Plaintiff received KRW 405,00,000 from the FF as a new fishing village fraternity” (2) The Plaintiff filed a civil complaint by residents in relation to the above sales contract, and the Plaintiff and FF fishing village fraternity have a dispute over the scope of the new fishing village area to be collected between the Defendant and FF fishing village fraternity.