1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

In the first instance court, the plaintiff filed a claim for damages based on the primary tort and the conjunctive claim for the return of investment amount. The first instance court dismissed the plaintiff's primary claim and partly accepted the conjunctive claim.

In this regard, the defendant only appealed against the defendant among the judgment of the court of first instance, and thus, the subject of the judgment of this court is limited to the conjunctive claim.

Basic Facts

Defendant and D established Company B (hereinafter “B”) around June 201, and each 5,000 shares out of the total number of 10,000 shares issued are owned (the Defendant owns shares in the name of Company E) and held shares of 50%.

On February 17, 2014, the Plaintiff acquired 50% of the above shares of D in KRW 200 million between the Defendant and the Defendant, and entered into a partnership agreement with the Defendant that the Plaintiff would take office as the representative director of the said company and operate the said company together with the Defendant.

[hereinafter] The agreement of this case is "the agreement of this case" and the main contents of the agreement of this case (Evidence A No. 4) are as follows.

2. On February 28, 2014, the Plaintiff shall acquire 50% of the shares owned by D prior to February 28, 2014 in KRW 200 million.

3. The Plaintiff is appointed to the representative director B on March 1, 2014.

4. The plaintiff, as the representative director, shall exercise the overall management right and assume the corresponding responsibility.

7. From January 1, 2015 to December 31, 2015, the Defendant shall acquire the Plaintiff’s shares in KRW 200 million, regardless of the management situation, if the Plaintiff wishes to do so.

Provided, That the time of payment shall be within three months from the date of notification of the intention of transfer of the plaintiff.

8. The Defendant and the Plaintiff shall make best efforts to manage the company to maximize profit-making.

9. The defendant and the plaintiff shall transparent the operation B on the basis of the other party's trust, and in no case shall serve as the other party.

On February 25, 2014, the Plaintiff transferred KRW 200 million to the account B under the pretext of acquiring D’s shares in accordance with the instant agreement.