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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.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 1, 2, and 3, Eul's evidence 1 and 2, the purport of the whole pleadings);
A. On May 18, 2016, the Plaintiff purchased power lines E from D (hereinafter “instant vessel”) in approximately KRW 160,000,000, and completed the ownership transfer registration in the F name on May 18, 2016.
I have promised to implement the following as intermediaries E (4.99 tons, fishing vessel number G, the instant vessel).
1. A person himself/herself has relayed the transfer of ownership to B on March 2016, and B has maintained, maintained, and prepared the vessel from March 2016 to March 5, 2016 ( August 5, 2016) and did not transfer the vessel’s ownership to May 13, 2016.
1. Accordingly, I do not agree that if the fishing vessel is sold or leased to others by F, the owner of the present vessel, you shall pay to B, within seven (7) days after the vessel is sold or leased, the full amount of 30,000,000,000.
1. In this regard, the above contents shall be faithfully implemented, and if the fishing vessel is unable to pay within the time limit of KRW 30,000 ( KRW 30,000) to B when the fishing vessel was sold or leased, B promises not to raise any objection even if B proceeds from the procedures of securing claims through seizure, provisional seizure, or court auction of its property, and attaching a seal impression thereto.
1. Each part shall be automatically terminated in the event that the fishing vessel is transferred to B.
On August 5, 2016, the Plaintiff prepared and delivered to the Defendant a written statement of performance (hereinafter “instant written statement of performance”) as follows.
C. On August 8, 2016, the Plaintiff issued one copy of a promissory note (hereinafter “instant promissory note”) respectively, which is indicated as the addressee, the Defendant, the par value of KRW 30,000,000, the issuer, the issuer, the place of issuance, and the place of payment, and the date of payment, and the payment, respectively.