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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The facts of recognition and the grounds for the judgment on this part of the parties’ assertion are as follows: (a) and (b) of the judgment of the court of first instance are as stated in Articles 420(a) of the Civil Procedure Act; and (c) thus, they are cited in accordance with the main sentence of Article
The fourth 7th 7th tier judgment of the first instance court shall be applied to the defendant and F with "the defendant".
The following shall be added between the five-party three parallels and four parallels in the judgment of the first instance:
The instant sales contract was rescinded by the intent of the Defendant or F to refuse performance, not by the Plaintiff’s nonperformance. Moreover, even if the instant sales contract was rescinded, the instant special agreement, which is an independent agreement, remains effective.
2. Determination
A. 1) Determination of the main claim in the instant special agreement and the following circumstances that can be acknowledged by comprehensively taking into account the purpose of the entire pleadings prior to the relationship between the instant sales contract and the instant special agreement, namely, the method of paying down payment (the conversion of the Defendant’s investment deposit into the down payment) as stipulated in the instant sales contract.
As to the execution method, the content is to specify the execution method (the defendant recognized the above payment method, and the defendant must transfer and acquire the shares of this case to the person designated by the company of this case, and resign from the position of director of the company of this case.
Although the parties to the instant contract are F, the parties to the instant contract, the parties to the instant contract are the instant company and the Defendant, the instant contract was concluded by the Defendant represented by F, and the instant special agreement appears to be substantially identical to the parties, taking into account the following factors: “The instant contract constitutes a consortium consisting of members, including the Defendant and two others,” and “B entered into the instant contract with the instant company.”