1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

1. Facts of recognition;

A. Defendant C Limited Liability Company (hereinafter “Defendant Company”) is a company engaging in liquor wholesale business, and the Plaintiff served in the Defendant Company as a person in charge of business at the Defendant Company and retired from the Defendant Company on January 2009.

B. On October 31, 2007, the Plaintiff was allocated 5% (500 shares of investment) of the Defendant Company’s shares to title trust to Defendant B.

C. Meanwhile, around October 31, 2007, Defendant B served as a non-standing business director of the Defendant Company and was allocated 4% of the shares of the Defendant Company.

On March 26, 2012, the Plaintiff filed a lawsuit seeking the return of shares against Defendant B on the grounds of the termination of a title trust agreement with the Suwon District Court Decision 2012Ga7838, and on July 19, 2012, the conciliation was concluded between the Plaintiff and the Defendant B with the purport that “5% of the shares in Defendant B’s name is the Plaintiff’s ownership, and the said shares are refunded to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) The Defendant Company agreed to pay the profits earned by the Defendant Company through its business to the retired creditors holding the shares of the Defendant Company based on the monthly stock holding ratio. Accordingly, the Defendant Company paid the profits of KRW 1,200,000 each month from February 1, 2009 to January 31, 2012, a title trust date, from February 1, 2012, to November 30, 2012, from February 1, 2012, to November 30, 2012, the transfer of which was completed in the name of the Plaintiff.

Therefore, Defendant B received from the Plaintiff from February 1, 2009 to January 31, 2012 39,99,996 won (2,00,000 won x 5/9) x 36 months x 36 months x 5% of the profits received from the Plaintiff 1,200,00 won from February 1, 2009 to November 30, 2012 x 6,6666 won (1,20,000 x 5/9) x 10 months x 10 months).