1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff Limited Partnership Company A (hereinafter “Plaintiff Company”) is a corporation established for passenger transportation services, etc., and C is a representative member of the Plaintiff Company, and D is a child of the Plaintiff Company, who works as the managing director of the Plaintiff Company.

On June 5, 2012, when the Defendant joined the Plaintiff Company and served as a taxi engineer, entered into an agreement with G to acquire the share of the limited partner of the Plaintiff Company (hereinafter “instant share acquisition agreement”) in which G was holding at KRW 33,00,000 in its own name with G, who was a limited partner of the Plaintiff Company (hereinafter “instant share acquisition agreement”).

Since that time, the Defendant acquired the instant equity interest of the Plaintiff Company’s taxi operator following the acquisition of the Plaintiff’s limited partner equity interest, the Defendant acquired operating income by exclusively operating a taxi with H number corresponding to the instant equity interest. Instead, according to the Plaintiff Company’s equity interest ratio each month, the Defendant paid to the Plaintiff Company the shared amount under the name of general administration expenses, medical insurance premiums, pension premiums, general insurance premiums, industrial accident insurance expenses, and employment insurance expenses, and separately received money from the Plaintiff Company as a salary.

The defendant, as well as the direct maintenance and management of the taxi driver's vehicle, has decided autonomously the operation time, operation method, etc., has appropriated oil expenses, etc. necessary for the operation of the taxi at his own expense, and has paid the vehicle installments to be paid each month in the name of the plaintiff company.

Meanwhile, in order to replace a taxi vehicle already operated around March 2015, the Defendant directly selected the instant vehicle under the name of the Plaintiff Company and completed the registration of ownership in the name of the Plaintiff Company, and paid monthly installments from that time.