1. Of the judgment of the first instance court, the part concerning the conjunctive claim against Defendant B is modified as follows:

The plaintiff.

1. The reasoning for the court’s explanation concerning this case is that “1. Basic Facts” and “2. Judgment” are cited by the main text of Article 420 of the Civil Procedure Act, but “2... Judgment”

B. Determination as to Defendant B’s claim - (2) determination as to the conjunctive claim - (A) determination as to the Plaintiff’s claim is as set forth in the following Paragraph 2: (a) determination as to the Plaintiff’s claim; and (b) determination as to the Plaintiff’s claim 2.2. As to the first preliminary claim, the Plaintiff clearly stated that “Defendant B would not perform the obligation under the contract by consuming the dividend received at the auction procedure concerning Yangyang-gun E, even if the dividend was received.”

In addition, according to the fact that the Plaintiff did not know of these acts, the instant contract for the acquisition of the claim was rescinded implicitly.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 50 million and delay damages for restitution following cancellation.

“Written argument”

Although the rescission of a contract may be implicitly made, in order to have the contract terminated implicitly, the parties’ intent not to realize the contract due to the lack or renunciation of their intent to realize the contract after the formation of the contract must be the same. In the event a part of the contract has been performed, the intent to reinstate the contract should be the same (see Supreme Court Decision 2010Da98412, Apr. 28, 201). In the instant case, the acceptance of the instant claim in the instant case does not have any evidence to acknowledge that the Plaintiff had agreed on the restoration of the claim amounting to KRW 50 million that the Plaintiff paid to the Defendant B as the performance of the contract. Thus, the said contract cannot be deemed to have been rescinded

Therefore, the above argument is without merit.

According to the instant contract on the acquisition of the instant conjunctive claim, Defendant B, if the total dividend does not exceed KRW 100 million, is obligated to preserve the Plaintiff’s loss.