1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company aimed at collecting aggregate from the land aggregates, etc., and obtained permission to extract aggregate from the racing-si, racing-si, for the land aggregate of ten parcels outside of G.

B. On April 17, 2013, the Plaintiff invested money to E, which was a real operator of D on April 17, 2013, prepared a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) as of April 17, 2014, with the creditor, debtor, loan 300,000,000 won, and due date. The Plaintiff was appointed as D’s auditor on April 8, 2013, and currently held 9,000 shares out of 30,00 shares issued by D.

C. On October 21, 2014, the Defendant acquired D’s operating rights and the right to permit the extraction of aggregate from E. At the time of transfer of D, the Defendant agreed that “When the Defendant pays D any down payment, it shall replace the representative and officers of D, and preserve the rights to 30% of the Plaintiff’s share of D’s auditor, and shall settle it at the end of each month from the date of accrual of profits.”

After having taken over D, the Defendant entered F, one’s own child, as D’s representative director, and agreed to operate the aggregate extraction business (hereinafter “instant business”) for C and PY-si and 10 parcels of land.

E. On March 27, 2015, the Defendant and C concluded a performance agreement with the Plaintiff (hereinafter “instant performance agreement”) and the main contents are as follows.

A: D representative director F/ In-house director C: The Plaintiff and B shall pay 50 million won by the end of June, 2015, out of 100 million won, which is part of the profits, to D’s auditor Byung for the extraction of aggregate of ten parcels outside G in racing, which is implemented in April 2015.

In addition, the remainder of 50 million won shall be paid by the end of July.

When the payment is completed, Byung promises to withdraw from D as a shareholder (auditor) and does not claim any legal rights to the aggregate extraction case.