1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. The relation 1) The Defendant, as a dentist, operates a dental clinic (D). Separately, after completing business registration (Representative N, from March 29, 2004 toO) on October 29, 2009, operated online dental and general medical equipment sales business, established the Plaintiff (Representative, Defendant 1, from May 1, 2012 to Defendant C) on October 14, 2009 to continue its business in the form of a company with large scale of sales. The Plaintiff’s shares share ratio of the Plaintiff was 70% on November 30, 2009, Defendant P30% on October 13, 2009, Defendant P30% on March 29, 201, Defendant C135% on March 26, 2012, and 30% on March 31, 2013; and Defendant C135% on March 31, 2013; and Defendant C135% on May 31, 20130.

3) On June 1, 2016, the Defendant filed a lawsuit against C claiming the confirmation that the shares held by C were actually transferred to C only the Defendant’s ownership or its title (Seoul Central District Court 2016Gahap531503). However, the said court rendered a dismissal judgment on the ground that there is no evidence that the Defendant is a real shareholder of the said shares. The Defendant appealed against the Seoul High Court 2017Na2016028, but the appeal was finalized on October 20, 2017, and the dismissal judgment became final and conclusive on November 8, 2017. 4) The Defendant filed a lawsuit against C on April 28, 2017, where the instant lawsuit was pending, such as divorce and consolation money, against Seoul Family Court 2017Da314291, which was currently pending.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 13, 33, 36, Eul evidence Nos. 11 and 12, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s claim 1) Recognition of the provisional payment claim is the Plaintiff’s account from time to Nov. 30, 2009 to Nov. 30, 2015.