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The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Review of the reasoning of the lower judgment and the record reveals the following facts.
(1) On May 19, 201, the Defendant entered into a delegation agreement with C Co., Ltd. (hereinafter “C”) to the effect that the navigation right of sight lines and pilotages is delegated to the navigation right of a funeral hall located in the Shian-si and Shian-si, Sinsan-si (hereinafter “C”), and on the same day, C paid KRW 40 million as the navigation deposit for four vessels, and KRW 200 million as the usage fee and the entrance fee for one year.
(2) On June 13, 2011, the Defendant, along with the Plaintiff and I, established G Co., Ltd. (hereinafter “G”) for the purpose of the excursion ship business, etc., and thereafter, was the representative director of G until May 27, 2013.
(3) On August 27, 2012, H Co., Ltd. (hereinafter “H”) was established by dividing the shares of J village residents from G to J village residents. On December 22, 2015, G was merged to operate two excursion ships (D and E). The Plaintiff was the representative director of H from December 18, 2015 to February 20, 2017.
(4) On April 4, 2014, the Defendant brought a lawsuit against C on April 4, 2014 (the Changwon District Court 2014Gahap1009), and the Defendant filed a claim for the return of KRW 200 million, including the deposit for operation, KRW 400 million and the deposit for admission, by asserting that “the collection of the deposit for operation, etc. by C is unlawful and the above delegation contract was null and void or revoked” in the appellate court [Supplementary High Court 2015Na451].
(5) On May 8, 2015, when the above appellate trial was pending, the Defendant, G, and H agreed to the effect that “G and the Defendant shall terminate the civil and criminal disputes between the parties concerned, including other lawsuits (original High Court 2015Na20516), and shall not raise any civil and criminal issues in the future, and shall pay a penalty of one billion won if both parties violate their obligations” (hereinafter “prior agreement”).
(6) The Plaintiff and the Defendant are the Defendant in relation to the deposit for the operation of two excursion ships owned by G and H on the same day (D, E).