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. On March 21, 2002, the Plaintiff purchased forest and field E in Busan, and established C Co., Ltd. (the Defendant was the representative director at the time of the establishment of Jan. 5, 2002; hereinafter “instant company”). The Plaintiff invested KRW 160 million in the company, and the other investment amount is running its business with the Defendant’s investment and loan, and the other investment amount is running its business with the Defendant’s investment and loan, and the profits are distributed to the Plaintiff at 47% and the Defendant at 53%.

B. Since then, in addition to the above agreement, the Plaintiff and the Defendant drafted an additional agreement to allocate 33% of the total shares of the instant company to the Plaintiff and D, and 34% to the Defendant.

C. Since July 2, 2002, the instant company entered into a contract on July 2, 2002 to sell all of the instant forest land and apartment house project implementation rights, etc. owned by it to Sejong Comprehensive Construction Co., Ltd. and F.

On the other hand, around June 28, 2002, prior to the sale transfer of the company of this case, the Plaintiff, the Defendant, and D agreed on the distribution of the sales proceeds of the company of this case (hereinafter “instant agreement”), and the parts relating to the instant agreement are as follows.

D - In order to draw up this Agreement, the conclusion of the Agreement under the name of (A), (B), and (B) of the Defendant for convenience, in the following terms:

2. 1.6 billion won received as down payment out of the purchase price shall be paid to Eul immediately to the contract, 725,328,000 won, and 747,28,000 won to Byung, and Eul and Byung shall lose all the powers and obligations of the legal entity received simultaneously, and any content agreed by Gap, Eul, and three parties shall be null and void.

3.A does not object to the arbitrary use of the purchase price, but A shall not cause B/C any corporate liability, various taxes and public charges, all accounts payable, etc., and if damage occurs to B/C as a result thereof, A shall be liable to B/C.

(e).