1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. D and the Defendant invested 1/2 of the capital, respectively, and established the Plaintiff on January 12, 2005, and owned 1/2 of the Plaintiff’s shares, respectively.

B. D is in charge of internal directors, who are the representative of the Plaintiff, and the Defendant was appointed as the auditor and retired on March 31, 2013.

C. On January 29, 2014, the Plaintiff prepared a sales contract with the Defendant to sell a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant for KRW 12,800,000,000. On the same day, the Plaintiff delivered the instant motor vehicle to the Defendant. On the same day, the Plaintiff completed the ownership transfer registration under the name of the Defendant with respect to the instant motor vehicle.

On December 10, 2015, the Defendant filed a lawsuit against the Plaintiff and D for retirement allowance and wage claim (No. 2014Gahap3500, Jeju District Court 2014; hereinafter “instant prior lawsuit”), and sentenced the Plaintiff and D to the judgment that “the Plaintiff and D shall pay KRW 29,40,000 to the Defendant and its delay damages,” and the said judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff sold the instant vehicle to the Defendant at KRW 12,80,000, and completed the transfer registration procedure after delivering the instant vehicle. However, the Defendant did not pay the purchase price to the Plaintiff. As such, the Plaintiff’s delivery of a copy of the instant complaint on the grounds of the Defendant’s delay of payment of the purchase price, the Plaintiff rescinded the said sales contract.

Therefore, as a result of the cancellation of the above sales contract, the Defendant is obligated to deliver the instant motor vehicle to the Plaintiff and perform the procedure for cancellation of ownership transfer registration for the instant motor vehicle, and is equivalent to KRW 450,000 per month from January 29, 2014 to the completion of delivery of the instant motor vehicle.