1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 21, 2011, the Plaintiff paid KRW 170 million to the Defendant on his/her own check, and transferred KRW 30 million to the Defendant on February 28, 2011.

B. C Co., Ltd (hereinafter “instant company”) registered the construction business as the Defendant on April 23, 2010. The Defendant is registered as an internal director of the instant company from March 23, 2010, and as the representative director from October 31, 201, and the Plaintiff was appointed as the internal director of the instant company on March 1, 201, and is registered as the Plaintiff on March 3, 2014.

C. As of March 23, 2010, the shareholder registry of the instant company was registered as D 18,90 shares, the Defendant’s 4,200 shares, E 10,50 shares, and F 8,400 shares. As of September 11, 2017, as of September 1, 201, the Defendant’s 18,480 shares (44%) G 9,240 shares (2%), the Plaintiff’s 7,140 shares (17%), H 5,040 shares (12%) and the Plaintiff’s ASEAN owned 2,100 shares (5%).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 16, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff leased KRW 200 million (hereinafter “the instant money”) to the Defendant at the Defendant’s request to acquire the instant company from D, the actual operator of the instant company, as the acquisition price and operating expenses of the instant company.

As a result, the Plaintiff worked as a director for the instant company until he was paid the said money, and was paid the amount of KRW 3 million per month as a monthly salary.

B. Defendant 1) around October 23, 2010, the Defendant lent the name of representative director of the instant company upon the Plaintiff’s request, and the instant company was a company that was incorporated by making full investments in D. (2) The Defendant accepted the Plaintiff’s request that the instant company take charge of management of the test to take over the instant company from D around January 201, and around January 201.

At the time, the actual underwriter is the defendant upon the request of the plaintiff in order to lower the subscription price.