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1.The judgment of the first instance shall be modified upon a claim that has been modified in the trial as follows:
Defendant B shall be the Plaintiff.
Reasons
1. Basic facts
A. Defendant B had been running a trade brokerage business between Korea and Russia since 1994, and Defendant C was aware of Defendant B’s investment in business in Russia from M in relation to the Plaintiff’s investment in business in Russia. (2)
B. Defendant B, around July 2007, entered into a partnership agreement for the manufacture and sale of ready-mixeds between the Plaintiff, etc. and the Defendant B, etc.
(A) an agreement between Russia and Russia to carry on a business of manufacturing and selling ready-mixeds in the name of the company "O" (hereinafter referred to as "O agreement").
(2) According to the agreement, the Plaintiff: (a) invested KRW 50 million in KRW M, N, and Defendant B; (b) invested KRW 500 million in KRW; (c) M is in charge of technical business and investment performance; and (d) Defendant B, as the representative of the above company, decided to administer the business affairs of the above company; and (c) purchase of ready-mixed factory site; and (d) to take charge of authorization and permission affairs. (b) The Plaintiff transferred KRW 50 million in total to M, who is in charge of managing the Fund for the Establishment of the Association, KRW 135,50,00 won in total, from July 10, 2007 to September 7, 2007; and (c) M transferred KRW 135,500,000 in total to the Defendant for contract deposit or related expenses for the purchase of ready-mixed factory site.
C. The Plaintiff and Defendant B entered into an investment agreement between Q, etc., and limited liability company D (hereinafter “Nonindicted Company”) on the other hand.
(2) On July 207, Defendant B was holding 25% of the shares of the company at Russia, a Russia company established for the purpose of owning Qba, located in Russia, and around July 28, 2006, the company obtained permission to develop and extract sand- gravel mixtures from H by July 11, 201 from the Committee on Environmental Protection in the State of Russia and Natural Resources up to July 28, 2006. 2) The Plaintiff was delegated by Nonparty B on August 28, 2007, with respect to Q’s harbor development project, sand extraction project, etc. between the Plaintiff and the Defendant B, who was delegated by the Nonparty Company.