1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest rate thereon from October 7, 2015 to the date of full payment.

1. Basic facts

A. Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the owner of the company. Defendant Co., Ltd. owns and operates the instant gas station (hereinafter “instant gas station”).

B. On October 30, 2014, the Plaintiff: (a) prepared a share transfer agreement on the acquisition of the instant gas station on the condition that the Plaintiff succeeds to the existing obligation of the Defendant Company; (b) transferred KRW 40 million to the Defendant Company’s account (hereinafter “instant transfer acquisition agreement”); and (c) transferred KRW 40 million to the Defendant Company’s account.

C. On September 22, 2015, the Plaintiff revoked the instant acquisition agreement and claimed the return of KRW 40 million to the Defendants on the grounds of nonperformance of the obligation succession to Defendant Company’s loans. However, the Defendants rejected the agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into the instant transfer agreement with the Defendants, at the same time, entered into the oil transfer agreement with the Defendants to take over the remaining oil in the gas station of this case on the premise of the performance thereof, and paid KRW 40 million as the price for taking over the oil.

Since the acquisition by transfer of this case also becomes null and void due to the cancellation of the contract as the defendants' obligation, the contract of this case also becomes null and void due to the failure to fulfill the prerequisite, the defendants shall jointly and severally return the oil price of KRW 40 million to the plaintiff.

B. The instant transfer agreement by the Defendants included the remaining oil takeover in the gas station of this case, and no separate oil takeover contract was concluded between the Plaintiff and the Defendants.

The amount of KRW 40 million remitted by the Plaintiff is paid as the down payment under the instant transfer agreement, and as long as the transfer contract is rescinded by the Plaintiff’s return to the Plaintiff, the said money is to the Defendants pursuant to the expected damages clause stipulated in the instant transfer agreement.