1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The plaintiff and the defendant are siblingss.

From 201 to 2005, the Plaintiff paid 305,000,000 won to the Defendant, who is the birth, and purchased and delivered heavy equipment (one unit for five ton of cargo vehicles, one for one for one for one forn of freight vehicles, and one for one for one for one for one for one for another, and one for one for one for one for one for one for half for one forn of freight vehicles) at the market price.

B. The Defendant used the money received from the Plaintiff and the used equipment and vehicles delivered by the Plaintiff for the business of manufacturing and selling a stone-free shop and the business of creating “E” (hereinafter collectively referred to as the “instant business”).

C. On April 3, 2015, the Plaintiff filed a lawsuit against the Defendant for a claim for the liquidation of the relationship with the head of Suwon District Court, asserting that “The Plaintiff and the Defendant engaged in the instant business as the partnership business, and the Plaintiff withdrawn from the partnership business relationship on December 3, 2014, the Defendant is obligated to deliver or pay to the Plaintiff 1/2 of the equity interest in the instant business and the instant movable property.”

The first instance court rendered a judgment dismissing the Plaintiff’s claim on the grounds that it is difficult to recognize the existence of a partnership agreement between the Plaintiff and the Defendant, and the Plaintiff appealed against this.

In an appellate trial (U.S. District Court 2016Na71645), the Plaintiff amended the purport of the claim to seek the payment of the settlement amount following the liquidation of the partnership and the preliminary claim for the loans. On December 14, 2017, the appellate court dismissed the Plaintiff’s primary claim on December 14, 2017, and rendered a judgment in favor of the Plaintiff to order the payment of KRW 12 million,000,000,000,000,000,000 won, excluding KRW 350,000,000,000

Although the plaintiff appealed against this and the appeal was dismissed, the judgment of the above appellate court became final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence No. 1, and the purport of the whole pleadings.