1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Defendant promoted the business of newly building and selling A (hereinafter “instant containers”) on the land outside B and three parcels of Jeju city. The construction was suspended on June 201, because it failed to raise funds necessary for the new construction of the instant containers.

B. On December 7, 2011, D Co., Ltd. (hereinafter “D”) was awarded a contract with the Defendant for the interior works, outer walls, etc. among the instant container construction works, with the cost of construction KRW 4,930,000,000 (value-added tax separate), and was solely awarded a contract on November 27, 2012.

C. On December 27, 2012, the Plaintiff decided to invest in the new construction and sale business of the instant containers with the introduction of the representative director E, and entered into a joint management contract with the representative director C at the time of the Defendant’s representative director C (hereinafter “instant contract”) and delivered the down payment of KRW 100 million to E on the same day.

On December 28, 2012, the Defendant: (a) held a provisional general meeting of shareholders on December 28, 2012 to appoint a person designated by the Plaintiff as a director or a joint representative director within two business days; (b) appointed F as a defendant’s internal director or joint representative director pursuant to Article 2(3) of the instant contract; (c) completed its registration on December 31, 2012.

E. The Plaintiff deposited KRW 200,000 into the Cit Bank account opened in the name of the Defendant, and the F immediately opened the account in the name of the Defendant and deposited the entire amount in the name of the Defendant.

In addition, on January 22, 2013, the Plaintiff directly remitted KRW 200 million to the account in the name of D.

F. The Defendant, on January 23, 2013, paid the Plaintiff the down payment of KRW 100 million directly to D representative director E is a violation of the contract against the Defendant, and thus, the Defendant cannot be liable for the said KRW 100 million.

Although Article 2(5) of the contract of this case is jointly owned by C and the Plaintiff, the Plaintiff did not notify the Defendant of all the funds paid in D.