1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On May 2, 2013, the Plaintiff deposited or transferred KRW 20 million in the account in the name of Selection C, ② KRW 100 million in the account in the name of a limited partnership company D (hereinafter “instant company”); ③ KRW 220 million in total in the account in the name of Selection E three times, and the sum of said money is KRW 340 million in total.

On August 19, 2013, in relation to the instant company, the designated partner C, who is a limited partner of the instant company, was changed to KRW 20 million with an equity capital of KRW 40 million, and the Plaintiff was registered as a juristic person with limited liability by fully paying the investment of KRW 20 million and partially taking over the designated party C’s equity shares.

On November 18, 2013, the Defendant, which was a general partner and representative member of the instant company, stated “stocks” in the contract for transfer and takeover of shares of the instant company to G, but the object of the instant contract is recognized as “shares” in light of relevant provisions, such as the Commercial Act on the organization, etc. of limited partnership companies.

20% of the price was set at KRW 340,000,000, and the contract was concluded to transfer the price as follows.

The defendant shall pay KRW 340 million to the new representative members of the company of this case with the operating funds of the company of this case.

The defendant shall succeed to the status of the representative member by G, but G shall pay the defendant the actual monthly amount of KRW 4 million to the defendant as the chairperson, and use a card equivalent to KRW 1 million under the name of the sales contribution, and the remaining members limited partnership companies (Evidence No. 3) other than the defendant and G include "shareholders", but it is recognized as "members" in light of relevant provisions, such as the Commercial Act on the organization, etc. of limited partnership companies.

One-half (half) of the salaries paid by the defendant to the defendant.

G If the monthly sales of the instant company exceed KRW 600,000,000,000.