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.

1. The basic facts are shareholders holding 4,500 shares (75% of the total shares) of “Co., Ltd.” (hereinafter “Co., Ltd.”). The Defendant is a shareholder holding 1,500 shares (25% of the total shares) of Nonparty Co., Ltd. (hereinafter “Co., Ltd.”). There is no dispute between the parties concerned as to whether the Plaintiff is a shareholder holding 1,50 shares (25% of the total shares) of Nonparty Co., Ltd.

2. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

① The Plaintiff, G, F, and D established a non-party company and run the automobile air conditioner part business. However, the Plaintiff invested KRW 60 million in capital stock and KRW 230 million in early operation capital. D exercises overall control over domestic business, and F provides technical support, and G acquires the domestic monopoly right of “H” of the compliance manufacturer company.

② At the time of incorporation of the non-party company, each share ratio is 25%, with 6,000 shares issued by the non-party company, each of which is 1,500 shares issued by the non-party company, and F entrusted the name of shares to ASEAN, and D entrusted the shares in the name of ASEAN.

③ At the time of the incorporation of the non-party company, the Plaintiff, the Defendant, the F, and G made it possible to recover KRW 290 million of the Plaintiff’s investment from the date of commencement of the business of the Plaintiff company with the Plaintiff’s income, and, if one year has not yet elapsed, three remaining shareholders are either 70,000 won as personal funds, and the remaining shareholders are appropriated for each of 70,000 won. The relevant non-party company’s shares held as dividends at the time of commencement of the business of the non-party company without any condition, and at the same time, three remaining shareholders agreed to jointly and severally compensate the Plaintiff for the Plaintiff’s losses.

hereinafter referred to as "the stock return agreement of this case"

(4) As G died on August 3, 2007, G’s parents returned to G the Plaintiff the shares allocated to G, and F returned the shares allocated in the name of E as the Plaintiff did not recover the Plaintiff’s investment money after the date of commencement of the business of the non-party company.