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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed facts
A. The plaintiff and the defendant are South Korea.
B. Around 207 when the Defendant worked as a business director of C Co., Ltd. (hereinafter “Nonindicted Company”), the Defendant purchased construction machinery registration number E, type LM1090/1, size 100 tons, 100 tons of chassis number F, and 1/2 shares of each of them with G, and proposed that the Defendant entrusted the management and operation of the Nonparty Company to receive the profits therefrom.
C. At the time, the Defendant did not have funds to purchase the instant cranes, and it suggested that the Plaintiff purchase 1/2 equity shares with G, and that the Defendant registered the said cranes in the Plaintiff’s name and invested in the non-party company in the manner of entrusting the management and operation of the said cranes.
The Plaintiff accepted the Defendant’s proposal as stated in the above sub-paragraph (c) and entered into a construction machinery transfer contract with H on July 6, 2007 to purchase the instant tea at KRW 300,000,000, and the same month.
9. The above cream was registered as owned by the Plaintiff.
E. In addition, on July 6, 2007, the Plaintiff opened a business account (the account number I; hereinafter “the instant deposit account”) in the Nonghyup Bank and deliver such passbook (hereinafter “the instant passbook”) to the Defendant, and the same month.
9. The trade name is "J" and the business registration is completed.
F. The non-party company managed and operated the instant artist using the instant deposit account, and deposited an amount equivalent to 1/2 of the proceeds from the operation of the said artist into the said deposit account.
G. Meanwhile, around December 2007, the Plaintiff transferred 1/2 of the instant tea to G and decided to purchase a new import equipment. On January 10, 2008, the Plaintiff transferred KRW 10,000,000 to L, a broker, through K, one’s husband, through K, but did not purchase the said equipment.
H. On May 28, 2008, the Plaintiff on May 28, 2008: 1/2.