1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. Around December 2002, the Plaintiff was the actual operator of the Defendant company engaging in the liquor wholesale business, etc. and the husband of the Plaintiff’s female son, and received the proposal from the Plaintiff and the wife of the Plaintiff, and at the time, provided the Defendant company with approximately 50 business rights to the Plaintiff’s distribution customers of alcoholic beverages, approximately 80 business air conditioners, and one truck for business use (1.4 tons of alcoholic beverages), etc., and acquired 33% of the shares of the Defendant company and appointed as the Defendant company’s director.

(hereinafter “instant contract”). (b)

The plaintiff was the representative director of the defendant company from October 17, 2005 to May 8, 2015.

C. From the end of 2014, there was a conflict between C and the Plaintiff regarding the management of the Defendant Company, and the Plaintiff terminated the relationship with the Defendant Company around December 2015 at the request of C, which is the maximum right holder of the Defendant Company.

Since then, the plaintiff is running a liquor distribution company separately from the defendant company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. At the time of the Plaintiff’s assertion, the Plaintiff and the Defendant Company C, the actual operator of the Defendant Company, at the time of the instant contract, cannot pay the Plaintiff the amount of KRW 128,00,000 to the Plaintiff immediately. As such, the Defendant Company: (a) borrowed KRW 128,00,000 from the Plaintiff; and (b) until the Defendant Company repaid the said amount, the Defendant Company paid the Plaintiff the amount of KRW 1,20,000 per month.

Therefore, the Defendant Company is obligated to pay the Plaintiff KRW 128,000,000 and damages for delay.

3. In view of the following facts and circumstances, the parties to the judgment do not have any dispute between them, or upon considering Gap evidence Nos. 1, 3, 6, 8, 12 through 27, Eul evidence No. 3 (including paper numbers), Eul evidence of the first instance court, Eul witness testimony of the first instance court C, some testimony of the witness F of the first instance court, and the purport of the entire pleadings, the plaintiff submitted.