1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 3, 2009, the Plaintiff, the Defendant, and C shall invest each of the KRW 40 million in KRW 20 million, and the Plaintiff shall establish a stock company D (hereinafter “instant company”) with capital of KRW 100 million. From December 9, 2009 to December 16, 2009, each of the above investments was deposited into the Bank account (Account Number E) in the name of the Plaintiff.

B. However, in order to acquire international logistics brokerage business licenses, the Plaintiff, the Defendant, and C lent KRW 200 million to the said account from F, etc. on December 21, 2009, and deposited capital of KRW 300 million on the same day, and the Plaintiff as the representative director and repaid the borrowed amount on December 22, 2009, after completing the registration of incorporation of the instant company with the Plaintiff as the representative director.

C. C, as a representative director of G Co., Ltd., engaged in the same type of business as the instant company, and the Plaintiff was paid KRW 20 million to the Plaintiff on the ground that investment was difficult due to financial circumstances.

Around December 23, 2009, the articles of incorporation of the instant company (hereinafter “instant articles of incorporation”) was formulated with the content of 12,000 shares of the Plaintiff and the Defendant among 30,000 shares issued by the instant company, including that of 12,00 shares and 6,00 shares of C.

[Ground for recognition - Unsatisfy, Gap evidence 1 to 3, 33 (including paper numbers; hereinafter the same shall apply)

(C) the testimony of the witness C, the purport of the whole pleadings

2. The parties' assertion

A. At the time of incorporation of the instant company, the Plaintiff, the Defendant, and C additionally invested KRW 100 million, KRW 80 million, KRW 40 million, and KRW 40 million, respectively, and each of the Plaintiff, the Defendant, and C agreed to invest KRW 120 million, and KRW 60 million.

Accordingly, at the time of incorporation, the Plaintiff and the Defendant held 12,00 shares of the instant company and 6,00 shares each, respectively.

However, the defendant did not perform the above 80 million won additional investment obligation, and the plaintiff was the defendant.