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 Plaintiff is a company that runs the liquor wholesale business.

The Defendant, while running the liquor wholesale business as the representative director of a limited liability company B (hereinafter “B”), was revoked on the grounds of non-data transaction, was engaged in a continuous transaction with B’s customers in the name of the previous transaction company C (hereinafter “C”) from August 2009 to June 201, and operated the liquor wholesale business.

B. C received support from the career of a stock company (hereinafter “JL”) on November 17, 2009 as the condition of installment redemption in the amount of KRW 250,000,000,000, each of which was 60 months after six months grace period (each month, each of which was 4,200,000) without interest from the LLA Co., Ltd. (hereinafter “LA”) on April 30, 201 (hereinafter “LA”)

With respect to long-term subsidies for career, the defendant is jointly and severally guaranteed, and the pledge was established for 51% of the shares of C acquired by the defendant, and D, who was the representative director of the defendant and C, was jointly and severally guaranteed with respect to the long-term subsidies for beer.

According to the letter written by C, the defendant and D, and submitted to C, the career and H, and H, C agreed to increase sales by absorbing B’s trading lines, and if sales are reduced due to the escape of the trading line, C decided to return all long-term subsidies.

C. At the time of May 1, 2010, the Defendant was written as of May 1, 2010 the letter of agreement between the Defendant and C (Evidence No. 32 of the A) and the certificate of loan attached thereto (Evidence No. 4-1 of the A) as of May 1, 2010.

Under the condition that the defendant's customer will continue to maintain, 250,000,000 of the above long-term subsidies shall be used as business funds, and shall be repaid as the monthly operating income in accordance with the repayment plan, and until the full repayment is made, the customer who belongs to C shall not be disposed of and transferred.

On July 11, 2011, the defendant transferred all of the business partners and their businesses to the plaintiff at KRW 396,000,000, and the payment shall be made on November 1.