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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasons why the court has accepted the judgment of the court of first instance are stated, and part of the reasons for the judgment of the court of first instance is stated.
The “interest expense” as stated in paragraph (3) is dismissed as “director’s expense,” and the Defendant’s assertion added or emphasized by this court as to the assertion added or emphasized by this court is identical to the part of the reasoning of the first instance judgment, except for the addition of “additional Judgment” as stated in the main sentence of Article 420 of the Civil Procedure Act. As such, it is cited as it is by the main sentence
2. Additional determination
A. 1) On November 13, 2015, the remaining payment date under the instant contract, the Defendant argued that: (a) the Plaintiff first requested the termination of the contract; and (b) the Defendant consented thereto; (c) the Defendant returned the down payment amount of KRW 30 million to the Plaintiff’s director, and agreed to compensate the remainder of KRW 400,000,000 out of the Plaintiff’s director’s expenses; and (d) the Plaintiff again intended to pay the remainder of the contract under the direction of the broker. (b) The agreement cancellation or rescission contract, regardless of whether the contract is rescinded or not, is a new contract, the effect of which is to be terminated by mutual agreement and return to the same state as that of which the contract was not concluded from the beginning, is to be returned to the same condition as the contract was concluded by mutual agreement, and thus, it must be objectively consistent with the agreement’s terms and conditions to establish the contract (agreement).
In addition, the rescission of a contract may be made not only explicitly but also by implied agreements between the parties, but also by implied agreements, if it is recognized as an implied rescission, a contract is concluded and part of the contract is implemented.