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1. Revocation of a judgment of the first instance;
2. The plaintiff's primary claims, including any selective claims added at the trial.
Reasons
1. Basic facts
A. On July 11, 2013, the Plaintiff entered into an agreement (hereinafter “instant agreement”) under which the deposit amount is KRW 1.3 billion with the Jeju can be deposited, and the Plaintiff managed 60 Kacart owned by the non-party company from July 11, 2013 to July 11, 2015 (hereinafter “instant golf course”) to manage 5 Kacart owned by the non-party company from the golf course operated by the non-party company (hereinafter “the instant golf course”), while managing 60 Kacarts owned by the non-party company, the Plaintiff operated the management and lending business of the Kacart (hereinafter “instant leasing business”) to the members using the instant golf course to cover the payment of the said deposit (hereinafter “the instant agreement”).
B. On March 6, 2014, the Plaintiff offered the amount equivalent to KRW 400 million of membership of the non-party company owned by the Plaintiff between the non-party company and the non-party company as security for the debt of KRW 400 million borne by the non-party company, Han Golf Co., Ltd. and the non-party company, and agreed to receive the money equivalent to the above membership through the profits of the instant leasing business (hereinafter “the first agreement”).
C. On April 7, 2014, the Plaintiff transferred membership rights of the non-party company owned by the Plaintiff between the non-party company and the non-party company with an amount equivalent to KRW 370 million, and the amount equivalent to the above membership rights also agreed to be repaid through the profits of the instant leasing business (hereinafter “the second agreement”).
On November 11, 2014, when the Plaintiff was operating the instant leasing business in accordance with the instant agreement and the first and second agreements, the non-party company notified the Plaintiff that the instant agreement was terminated on the ground that all the deposits under the instant agreement were repaid to the Plaintiff, and that the Plaintiff did not submit evidentiary documents as to the said deposit.
E. Meanwhile, on November 22, 2014, Nonparty Company and the Defendant all the golf course facilities of this case, including the golf course which is the object of the instant leasing business.