1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasons for the court’s explanation of this case are as follows: “Defendant B” to the “Defendant”; and the Plaintiff’s assertion in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial of the first instance, except for the determination as described in the following paragraph 2, this refers to the part against

2. The plaintiff asserts that at the time of the establishment of D with the defendant as the general partner with the burden of establishment cost, the plaintiff agreed to transfer his/her shares to the plaintiff when the situation of the plaintiff is stable.

However, as alleged by the plaintiff, it is not sufficient to recognize that the defendant agreed to transfer his/her shares to the plaintiff as alleged by the plaintiff only with the descriptions of the evidence Nos. 1 through 4 and No. 5-1 and No. 2, and there is no other evidence to acknowledge this otherwise, the plaintiff's above assertion is without merit

(1) The court below's decision on August 10, 2005 is justified since the defendant borrowed D's factory acquisition fund and early operation fund from D, and thereafter borrowed money from the plaintiff to the plaintiff. However, it is difficult to see that the defendant's assertion is correct, as the interest on the borrowed money is not appropriated at all. However, even if such circumstance is taken, it is still insufficient to recognize the fact of the share transfer agreement as alleged by the plaintiff. Thus, the judgment of the court of first instance is justified, and the plaintiff's appeal is dismissed.