The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. The Plaintiff was jointly and severally liable against the Defendants for the payment of KRW 40,000,000,000 to the Defendants, and sought payment of KRW 60,000,000 against the Defendants (Defendant B) and KRW 40,000,00 (Defendant D). The court of first instance accepted only the claim for the agreed amount and dismissed the claim for the substitute payment.

Since only the plaintiff filed an appeal, only the claim for the payment by proxy is subject to adjudication.

2. Basic facts

A. On September 2014, the Plaintiff, the Defendants, and the Defendant C of the first instance trial established the F Co., Ltd. (hereinafter “Nonindicted Company”) that is a company operating the business of raising funds and operating the office. Defendant B is in charge of orders for construction and estimate, collection, etc., and C and Defendant D (former E) are in charge of the overall construction of the field, etc. on condition that C and Defendant D (former E): 3 (Plaintiff): (C): 2 (C): (2) (C) and (3): (2).

B. The non-party company was established as 200 million won capital, and the above capital was fully paid by the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

3. In the process of establishing the Plaintiff’s assertion non-party company, Defendant B agreed to contribute KRW 60,000,000 to Defendant D and Defendant C of the first instance trial to contribute KRW 40,000,000, respectively. The Defendants and Defendant C of the first instance trial agreed to pay the amount of investment on behalf of the Plaintiff when the Plaintiff pays the amount of investment on behalf of the Plaintiff, and the Plaintiff paid it on behalf of the Plaintiff.

Therefore, the Defendants are obligated to pay the amount of money paid on behalf of the Plaintiff as agreed.

4. Determination: (a) The fact that the Plaintiff remitted KRW 200 million to the account of the non-party company on September 17, 2014 that the Plaintiff paid the capital of the non-party company to the non-party company; or (b) there is no dispute between the parties.

Furthermore, whether the Defendants agreed to return their respective shares (Defendant B 60,000,000, Defendant D40,000,000) to the Plaintiff.