1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. C proposed that, as an actual operator of the Plaintiff established for the purpose of aggregate extraction business, the Plaintiff registered D as a nominal representative director and operated the Plaintiff, and that, during June 2014, the Defendant was established as a separate corporation and operated the aggregate extraction business together with the Defendant.

B. The Defendant accepted the above proposal of C, and transferred KRW 150,000,000 from the Defendant’s Dong Ha’s account to the Defendant’s Dong Ha’s account, and KRW 80,000,000 on August 8, 2014, respectively, to the Defendant’s joint representative director of the same company on July 10, 2014 (hereinafter “G”).

C. The defendant was above B.

Upon the transfer of each amount, C, as stated in the Plaintiff’s nominal representative director D, issued to the Defendant as the Plaintiff’s nominal representative director D, with a notarial deed in the capacity of the Defendant on July 4, 2014 that, as the Plaintiff’s nominal representative director D, C prepared on July 4, 2014, a notarial deed to the effect that the compulsory execution against the said promissory note is recognized by the issuer, the Plaintiff, the Plaintiff, the Defendant, the place of issuance, and the place of payment, Gwangju, the place of payment, and the place of payment, and the date of payment, as the 922 deed of 2014, the same day, which was signed on August 8, 2014, to the effect that the compulsory execution against the said promissory note is recognized by the law firm (with limited liability) No. 1092, a notarial deed in the same day.

(hereinafter the above Promissory Notes are “each Promissory Notes of this case,” and each of the said Promissory Notes is “each Notarial Deed of this case,” respectively.

Since January 13, 2015, C transferred all the business rights, etc. related to the Plaintiff to E in KRW 200,000,000, and accordingly, F, the branch of E on January 26, 2015, was appointed as the representative director of the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 14, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul witness of the first instance court, and the purport of the whole pleadings.