1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. Around February 14, 2014, the Defendant, who was the representative director of D Co., Ltd. (referring to the Plaintiff prior to the change of the Plaintiff; hereinafter referred to as “D”), concluded D Co., Ltd.’s acquisition agreement (hereinafter “instant acquisition agreement”) with C (hereinafter “instant acquisition agreement”) with the following content.

(1) Persons to be traded: Full management rights and stocks (200,000 shares), investments in a mutual aid association, etc. of D. (2) Sale amount: 20 million won: Provided, That the payment shall be made on the condition of settlement of 151,852,130 won for late payment of four premiums as of February 14, 2014.

(3) Terms and conditions of sale: To exclude assets and liabilities from the subject-matter of transfer, and guarantee the seller's additional liabilities incurred after acquisition as a letter of performance guarantee for the seller's obligation.

B. Around February 20, 2014, the Defendant prepared and issued a letter of performance guarantee with the following content to C:

(hereinafter referred to as “the letter of performance guarantee of the obligation in this case.” The letter of commitment (the defendant) transfers the whole issued stocks of D and the right to authorize the registration of construction business to you under a share acquisition contract. The following matters are different or different after the date of transfer, and if the following matters are not fulfilled after the date of transfer, it guarantees that there is no national tax, local tax, and other liability, and if there is no other obligation, such as national tax, local tax, etc., and even after the transfer, it shall be resolved immediately in the event of the occurrence of the problem of undetermined material cost, construction cost, salaries of officers and employees, retirement allowances, and other foreign liabilities."

2. Determination as to the cause of action

A. (1) At the time of entering into the instant entry acquisition contract, the Defendant: (a) KRW 22,214,626 at the time of entering into the instant contract = KRW 3,00,000 for the collection of a fine of KRW 3,000 for industrial accident in 201; and (b) KRW 406,350 for corporate tax in 203, Seo-gu, Incheon; and (c) KRW 144,060 for the amount to be collected for industrial accident insurance benefits to be collected.