1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3.(a)

upon application for the return of provisional payments:

1. On November 2015, the Plaintiff and the Defendant agreed to jointly acquire the shares of Co., Ltd. D (former change of trade name to C) and E Co., Ltd. and manage the said companies, and divide the profits therefrom into 50:50.

The net income of C Co., Ltd. in 2016 is KRW 179,103,00,00. Accordingly, according to the above profit-sharing agreement, 89,551,500 equivalent to 50% of the above net income is sought.

2. Even according to the plaintiff's assertion itself, KRW 179,103,00 for the pertinent net income is attributed to the above corporation as the interest of the above corporation C, and it cannot be deemed that such interest belongs to the defendant who is only the shareholder. Thus, the plaintiff's assertion on the premise that the pertinent corporation's net income per se belongs to the defendant cannot be accepted.

(C) If the plaintiff's claim is asserted by the plaintiff, the plaintiff can receive the dividend through the procedure of the general meeting of shareholders or the board of directors in accordance with the provisions of the Commercial Act on the dividend of the corporation. 3. As such, this court's judgment on the claim for return of provisional payment is different from the judgment of the court of first instance and dismissed the plaintiff's claim. Thus, the provisional execution declaration of the judgment of the court of first instance is invalidated by this judgment.

However, in light of the overall purport of the arguments in the statements in Eul evidence Nos. 13 and 14, it is recognized that the plaintiff collected KRW 6,641,976 from Non-Sch Card Co., Ltd., which is the third debtor, by obtaining the attachment and collection order of claims from the Incheon District Court Branch of the District Court as the title of execution of the judgment in the first instance as the title of execution.

Therefore, the Plaintiff’s return of provisional payment amounting to KRW 6,641,976, and the Plaintiff’s provisional payment amount to the Defendant after the date of receipt of the Plaintiff’s provisional payment amount, and upon the Defendant’s request, determined from June 17, 2018, the following day after the delivery of the duplicate of the application for the return of the provisional payment amount.