1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,123,287 as well as the full payment with respect thereto from February 1, 2019.

1. Basic facts

A. A. Around December 2016, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with the Defendant regarding the delivery of a facility located in F and Ten lots of land, which the Plaintiff purchased from C, fishery partnership corporations, etc. around May 2016 (hereinafter “instant aquaculture”). The Plaintiff paid KRW 250 million to the Defendant in accordance with the instant agreement.

Agreements (Evidence A No. 1)

1. In relation to the delivery of the instant aquaculture, the Plaintiff shall pay to the Defendant, on behalf of the representative C Fisheries Partnership E, the amount of KRW 250 million, which is part of the unpaid amount of KRW 90 million to C Fisheries Partnership.

However, since CFE and the Defendant are pending a lawsuit in relation to the instant aquaculture (CF No. 953), the amount of KRW 250 million that the Plaintiff paid to the Defendant is less than KRW 250 million according to the outcome of the trial, if the winning amount is less than KRW 250 million, the difference shall be paid to the Plaintiff.

The plaintiff shall deposit KRW 100 million to the defendant as down payment.

4. According to this agreement, the Plaintiff and the Defendant will not raise any civil or criminal issue with respect to the instant aquaculture.

B. On November 30, 2018, the Defendant’s judgment against the Defendant’s loss became final and conclusive. On January 31, 2019, after the instant lawsuit was filed, the Defendant deposited the Plaintiff as the principal deposit and paid KRW 250 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the agreement of this case constitutes an agreement on the receipt of money related to the delivery of the plantation of this case and the return of unjust enrichment expected on a conditional basis according to the result of the defendant's lawsuit against the fishery partnership corporation of this case. As such, the decision against the defendant was finalized.