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1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff, which ordered payment under the following Paragraph 2, shall be revoked.
2...
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and Eul evidence 1 and 3 and the purport of all pleadings:
On January 6, 2009, Defendant B established D Co., Ltd. (hereinafter “D”) for the purpose of automobile sales agency and maintenance business.
D has been engaged in the sales agency business, maintenance business, and parts sales business, etc. provided by E Co., Ltd. (hereinafter referred to as E).
B. On April 28, 2011, the Plaintiff acquired the automobile sales license and the inside facilities of Defendant B, D from Defendant B to May 3, 2011, and entered into a contract under which the Plaintiff owns 70% of the shares of D (hereinafter “instant acquisition agreement”), and paid KRW 400 million to Defendant B around May 201.
On May 201, the Plaintiff leased land and buildings to carry out the instant transfer agreement from Defendant B and CJ for the implementation of the instant transfer agreement, and paid KRW 100 million to Defendant B the lease deposit.
C. On February 14, 2012, the Plaintiff asserted that Defendant B terminated the above acquisition agreement as it did not perform the duty of change of the representative director and transfer of “durbed” as stipulated in the instant acquisition agreement, and that Defendant B did not perform the duty of transfer of “durbed”. The Plaintiff filed a lawsuit claiming the payment of the above acquisition price of the business license and the lease deposit totaling KRW 500 million and delayed payment damages as the Daejeon District Court Branch Branch Decision 2012Gahap1378.
On September 18, 2012, the Daejeon District Court rendered a judgment dismissing the plaintiff's claim regarding the lawsuit claiming the above payment on September 18, 2012, and the appeal case was continued by the plaintiff as the court 2012Na5818.
E. On March 12, 2013, the Plaintiff and the Defendants continued the instant appellate case, concluded an agreement with the following (hereinafter “instant First Agreement”). Accordingly, the Plaintiff withdrawn the appeal under the said 2012Na5818.
Defendant B until December 31, 2014.