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. The Plaintiff is a corporation established for the purpose of producing, distributing, selling, etc. agricultural, fishery, and livestock products, and the Defendant was a person who served as the representative director of the Plaintiff from March 19, 2013 to December 15, 2015.

B. On August 26, 2014, the Plaintiff entered into an agreement with E Farming Association (hereinafter “instant legal entity”) under which the instant legal entity would be supplied KRW 395 million for up to 790,000,000 for up to KRW 795,00,00 in total size of the instant legal entity.

(hereinafter “instant contract”). C.

On November 4, 2014 and December 26, 2014, the Plaintiff sent to the instant corporation a certificate of content that “the part, other than the 4,813 square meters, excluding the 4,813 square meters, from among the instant contracts, will be rescinded” on the grounds that the instant corporation’s cultivation was defective, and each of the above contents certification reached the instant corporation around that time.

On November 28, 2014, the Plaintiff applied for a payment order against the instant corporation and I seeking the return of the down payment, etc. due to the rescission of the instant contract, and received the payment order under the former District Court 2014Ra284, the High Military Court 2014Da284, but the instant corporation and I filed an objection and filed an objection by the former District Court 2015dan36.

E. The corporation of this case is above D.

On May 7, 2015, when the lawsuit described in paragraph (1) was pending, the Plaintiff expressed his intention to compromise while paying KRW 20 million to the Plaintiff. On July 24, 2015, the said court rendered a compulsory adjustment decision with the purport that “the instant corporation and I jointly and severally pay KRW 38 million to the Plaintiff” (hereinafter “instant compulsory adjustment decision”).

On August 4, 2015, the Plaintiff filed an objection to the compulsory adjustment order. Meanwhile, on September 26, 2016, the instant corporation filed a claim against the Plaintiff, such as damages for nonperformance of contractual obligations under the instant contract.

On November 22, 2016, the above court held that the plaintiff 7,694,160 won and this part of the corporation in this case.