1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Summary of the plaintiff's assertion

A. The Plaintiff intended to purchase 100% of the shares of Defendant C, Co., Ltd. (hereinafter “Nonindicted Company”). During that process, Defendant C, Co-Defendant D, and Nonparty F (hereinafter “Defendant C, etc.”) received the provisional contract amount of KRW 40 million from the Plaintiff (hereinafter “instant provisional contract amount”) on January 20, 2018, as the representative of Defendant B (ownership of 60% shares), a major shareholder of the Nonparty Company, and delivered it to Defendant B.

B. On January 23, 2018, the Plaintiff requested the Defendant C, etc. to pay the expenses incurred in purchasing shares of the non-party company (G and H shares owned by 20%, hereinafter “other shareholders”) to the Defendant C, etc. for the purchase of shares. Since Defendant C is required to transfer the amount of KRW 5 million to D’s account, the Plaintiff transferred KRW 5 million to D (hereinafter “instant KRW 5 million”).

C. However, the Plaintiff was unable to purchase the shares of the non-party company, and the Plaintiff was returned KRW 40 million from Defendant B. The Defendants jointly and severally with D, jointly and severally with the Plaintiff, shall return KRW 5 million, which received the “sale price.”

2. Determination

A. Defendant B decided to sell his own shares to the Plaintiff, and received the instant provisional contract amount from the Plaintiff via “Defendant C”, and the fact that the instant provisional contract amount was not thereafter concluded, and that the Plaintiff returned the said amount to the Plaintiff.

B. Meanwhile, the power of attorney (Evidence A No. 4) that the Plaintiff received while paying the instant provisional contract amount to Defendant C, etc. is indicated as opposed to the delegation and the delegating person’s indication to Defendant B, Defendant C, etc., and the attached certificate of seal impression was not a delegating person, but a certificate of seal impression was a certificate of corporate seal impression of Nonparty Company (Representative G).

2.