1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On February 2, 2017, the Plaintiff concluded a sales contract with the Defendant on the F of the vessel owned by the Defendant (fishing vessel number G: G; hereinafter “instant vessel”) with respect to the purchase price of KRW 160,00,000, and the buyer determined each as the Plaintiff and one other (hereinafter “instant vessel sales contract”); paid KRW 10,000,000 as the down payment; and the remainder of the purchase price was paid on February 10, 2017, which is the remainder payment date.

(However, the remaining payment date was changed to February 7, 2017).

H, who agreed to jointly purchase the instant vessel with the Plaintiff (hereinafter collectively referred to as “the Plaintiff, etc.”) around February 7, 2017, intended to prepare and pay to the Defendant KRW 150,000,000 for the remainder of the purchase price. However, at the time, the Defendant failed to receive from the Defendant the relevant documents, such as the vessel entry and departure report, the consignment survey confirmation, and the details of tax-free petroleum supply related to the payment of compensation for the instant vessel (hereinafter referred to as “related documents of this case”), on the ground that the Defendant did not receive from the Defendant, the remaining purchase price was not paid.

C. On the other hand, around February 18, 2013, the Defendant purchased the instant vessel from J, an existing owner of the instant vessel, at KRW 120,00,000. However, by concluding a separate agreement between J, other than the Defendant, to the effect that the Defendant would receive compensation for losses incurred by the first or fourth fisheries in connection with the instant vessel, the Defendant did not receive the instant documents from J at the time. On the other hand, the Plaintiff et al. came to know of the terms of the sales contract between the Defendant and J after the payment date of the remainder, and upon becoming aware of the terms of the sales contract between the Defendant and J, around February 14, 2017 and February 22, 2017, notified the Defendant that “the rescission of the instant sales contract on the grounds that there was any serious defect in the vessel’s rights.”

On the other hand, the Korea Rural Community Corporation in charge of paying compensation for the above fishery damage case around December 2017.