계약금반환 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance except for the following parts, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
[In light of the purport of the entire argument at the trial of the defendant, the defendant's transfer time of the shares in this case to I can be seen as a "new investor provided for in the separate agreement of this case" under the premise that the defendant's obligation to transfer the shares in this case is maintained due to the exercise of the defendant's right to rescission. In addition, at the trial of the court of first instance, the plaintiff argued that the defendant is liable to return the above down payment, etc. to the plaintiff pursuant to the separate agreement of this case by deeming I as a "new investor provided for in the separate agreement of this case (Evidence No. 3 of this case). However, in light of the purport of the separate agreement of this case, the transfer time of the shares in this case by I cannot be deemed as a "new investor provided for in the separate agreement of this case" under the separate agreement of this case.
2. The judgment of the first instance is justifiable, and the plaintiff's appeal is dismissed.