1. The plaintiff's appeal is all 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.

1. Basic facts

A. The Plaintiff is a company that manufactured and sold parts of rolling stock within the D Industrial Complex in the East Sea, and the Defendant was a person who manufactured parts at the request of the Plaintiff in the trade name of “E”.

B. On May 21, 2012, the Defendant paid the Plaintiff the amount of unpaid personnel expenses and expenses incurred in the operation of a factory at KRW 240 million with the Plaintiff’s credit, and used the remainder for taxes and debt redemption. The Defendant entered into an operating agreement with the Defendant (hereinafter “instant acquisition agreement”) and operated the factory after delivery of factory buildings and machinery from the Plaintiff.

C. Meanwhile, on May 26, 2012, the Plaintiff and the Defendant are the parties to the Plaintiff, a party to the Plaintiff, a party to the transaction, and the Commission (hereinafter referred to as the “Commission”).

Of the goods cost to be paid in 27.2 million won, 20 million won is used for the payment of electricity charges, the remainder of 7.2 million won is used at the expense, and 21st century is called 'the 21st century industry'.

and approximately KRW 120,000,000 for goods to be additionally received from the Commission shall be used in consultation with the Plaintiff.

'' has agreed on the content. D.

After the above agreement including the transfer contract of this case, the Defendant received approximately KRW 149 million from the customer. Among them, the Defendant was paid approximately KRW 130 million from the former customer of the Plaintiff's preexisting business, the Commission, the 21st century industry, and the Korea Railroad Corporation with the credit payment, but did not use the above payment for the unpaid personnel expenses and expenses, and did not perform the agreement with the Plaintiff on the use thereof.

E. Accordingly, the Plaintiff’s rescission of the instant acquisition agreement and operation agreement on the ground of the Defendant’s failure to perform the contract with the Gangseo branch court of Chuncheon District Court 2012Ga6796, and delivered the above Defendant under the acquisition agreement to the said Defendant.