1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From February 2004, the Defendant, working for Samsung Electronic, operated D, a business related to L CD as C and Dong business.

B. On January 2005, the Plaintiff and C concluded a contract with respect to the transfer of D and the establishment of a new legal entity (hereinafter “instant transfer contract”).

1) The name of the new company is D Co., Ltd.; the head office of the new company is located in Korea (Ssung apartment factory address); and domestic and foreign branches, etc. may be established as necessary (Article 1(2)); the amount to be invested in the new company and the number of its shareholding, etc. are KRW 20 million (2000, 200), the Plaintiff is KRW 80 million (80,000, 8000, and 80%).

(3) The date on which C transfers the entire D business to the Plaintiff shall be January 31, 2005, and the Plaintiff shall pay C the above amount of KRW 500 million. C may not engage in the same or similar business for twenty (20) years at a place where the business impact under the Commercial Act (including overseas branch offices) is under the Commercial Act (Article 4). C. The Plaintiff shall be the Defendant, the amount of KRW 20 million on February 2, 2005, the amount of KRW 80 million on March 4, 2005, the amount of KRW 10 million on March 25, 2005, the sum of KRW 380 million on March 25, 2005, and the amount of KRW 380 million on March 25, 2005 (hereinafter “instant amount”).

(iii) remitted the money. [The fact that there is no dispute over the basis of recognition, Eul's evidence 7-6, Eul's evidence 11, Eul's part of witness E, C's testimony, and the purport of the whole pleadings.]

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion 1) since the plaintiff lent the money of this case to the defendant, the defendant is obligated to pay the plaintiff the above loan amounting to KRW 380 million and damages for delay. 2) The defendant's assertion 1) the defendant transferred D who operated with C on February 2, 2005 to the plaintiff and received KRW 200 million from the plaintiff as payment.

② In addition, the Defendant was paid a total of KRW 180 million on March 4, 2005 and March 25, 2005 with the Plaintiff’s capital, office deposit, etc. to be established in Washington, and in fact, the said amount was paid with the capital of the said F.