1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant, as a doctor of anesthesia, developed an institutional tubes fixed device used for anesthesia patients (hereinafter “instant device”).

On January 8, 2007, the Defendant established C Co., Ltd. (hereinafter “C”) in order to produce and sell the above devices, and received a patent as to the above devices on the D date.

(hereinafter “instant patent right”). B.

On March 2008, the Plaintiff and the Defendant agreed to pay KRW 200 million to the Defendant and take over 50% of C’s shares to take full charge of the management of the said company.

(hereinafter referred to as “instant agreement”). C.

On March 26, 2008, in order to raise the management right and the share acquisition price pursuant to the instant agreement, the Plaintiff told F to the effect that “I would develop the instant device and obtain a patent, and that I would like to make a high profit because I would make a joint production and sale with the Plaintiff.” As such, I would like to make an investment of KRW 100 million in the said business, 5% shares and future earnings.”

F Trust and Payment of KRW 100 million to the Plaintiff on March 28, 2008. The Plaintiff paid a total of KRW 200 million, including KRW 100 million received from F, to the Defendant and received management rights and 50% of shares of C.

Unlike the plaintiff's horses, F filed a complaint against the plaintiff and the defendant with the intention to not run the business properly and not to pay profits.

On July 24, 2014, the Defendant paid F KRW 50 million to F by mutual consent with F, and on December 19, 2014, he/she was subject to a disposition of non-prosecution by the prosecution as a suspicion (incompetence of evidence).

Meanwhile, on the other hand, the Plaintiff was indicted for the High Government District Court Decision 2014Kadan2909, and was sentenced to imprisonment with prison labor for ten months in the above court on October 8, 2015.

On March 29, 2016, the Plaintiff appealed against the above judgment, and agreed to pay KRW 5 million to F on March 29, 2016, while the appellate trial was in progress, as well as to transfer M vehicles. The reason why F agreed to the Plaintiff on March 30, 2016.