1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Basic Facts

On December 13, 2011, the Plaintiff is an agricultural partnership established for the main purpose of tourist agriculture business.

Defendant B retired on December 13, 2014, while taking office as the representative director of the Plaintiff since the above establishment, and retired on December 13, 2014, and thereafter L was appointed as the representative director of the Plaintiff on December 5, 2015.

On March 22, 2013, the Plaintiff entered into an agreement on the support of the project for the livelihood of immigration residents with the Korea hydroelectric Power Plant Co., Ltd. (hereinafter referred to as the “Korea hydroelectric Power Plant”) under which the Plaintiff would be subsidized for the project cost amounting to KRW 2 billion in the creation of the Agricultural Tourism Complex with the Gyeongbuk-gun E, F, and G (hereinafter referred to as “M”) in order to obtain livelihood support from immigration residents following the construction of a nuclear power plant.

Accordingly, the Plaintiff promoted the tourist farm development project as stipulated in Article 83 of the Rearrangement of Agricultural and Fishing Villages Act (hereinafter “instant business”) and the said woodland in the said woodland.

In order to carry out the instant project, the Plaintiff entered into a contract as follows and paid part of the amount with subsidies received from the Korean hydroelectric power plant:

On April 4, 2013, the Plaintiff entered into a technical service contract with the content that the Plaintiff may request Jyang Comprehensive Engineering Co., Ltd. to provide the cost of KRW 50 million for permission for development activities, and paid KRW 27.5 million on April 26, 2013.

On April 8, 2013, the Plaintiff entered into a design agreement with Samsung C&C architect, Inc., with the content of requesting construction design at KRW 30 million, and paid the total amount of KRW 24 million on April 26, 2013 and KRW 12 million on February 10, 2014.

On April 10, 2013, the Plaintiff entered into a construction contract with Defendant C (the representative director is Defendant B’s wife and the Defendant B is the inside director. The actual person who actually established and operated Defendant C) on April 10, 201 and the tourist farm new construction cost of KRW 1.648 million and below.