1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning for this part of the lower court’s reasoning is as follows: ① Around May 1, 2015, which was after the receipt of all the down payment of KRW 100 million under the instant double transfer contract, the Defendant entered into a contract with H and C to transfer the management right of H and C as KRW 6.72 billion (including debts) and then resigned from C as of May 14, 2015, and H were appointed as a director who is the representative of C on the same day (Provided, That registration is recorded in C’s corporate register as of May 18, 2015). ② The Defendant stated “Evidence 1” in the fourth sentence of the first instance judgment as “No. 14 and No. 5” in the main sentence of Article 10 of the Civil Procedure Act as of May 18, 2015.

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion was that the Defendant agreed to transfer C’s operating right to the Plaintiff under the instant transfer contract, etc., but the Defendant breached the instant transfer contract by concluding a double transfer contract with the Plaintiff, etc. on March 10, 2015, and subsequently transferring C’s operating right to H to H. In addition, the Defendant breached the instant transfer contract by transferring C’s representative to H as of May 14, 2015.

Since the Plaintiff rescinded the transfer contract on the ground of the Defendant’s breach of the transfer contract, the Defendant is obligated to return to the Plaintiff the Plaintiff the payment of KRW 190 million according to the said transfer contract to its original state following the cancellation of the transfer contract.

B. According to the judgment No. 1, and the evidence examined earlier, the Defendant received a total of KRW 390 million from the Plaintiff, including KRW 190 million, as part of the transfer price under the instant transfer contract, as part of the transfer price, and ② the Defendant transferred C’s right to operate on March 10, 2015 to Nonparty 1 other than G.