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. The Plaintiff is a merchant who engages in the manufacturing business under the trade name of “G.”

The defendant is a company with the purpose of intermediate waste disposal business, etc., and E is the actual operator of the defendant.

B. On January 201, 201, the Defendant entered into a partnership agreement with C (hereinafter “instant partnership agreement”) between the Defendant and the Defendant to provide facilities, such as recycled aggregate treatment facilities, and C to raise operating funds for the Defendant and manage the Defendant, and divide the net income by 50%.

(C) At the time of the above agreement, the defendant held the corporate seal of the defendant, and the defendant's employees, and the passbook and cash card for the defendant's principal transaction account were possessed by C.

C. On February 1, 2011, F (the husband of the Plaintiff) who represented the Plaintiff entered into a contract with C under which the Plaintiff and C jointly manage the Defendant and the Plaintiff and C jointly divide the profits that the Plaintiff would be allocated under the instant trade agreement (hereinafter “instant joint operation agreement”) with the Plaintiff and C.

In order to normalize the management of the defendant of the agreement (Evidence A 3-2 of the evidence), the plaintiff and C shall agree as follows:

1. The Plaintiff borrowed the company’s operating capital to the extent of KRW 200,000 so that the Defendant can operate under normal conditions.

2. The defendant's management, business, and business management are jointly conducted by the plaintiff C.

(Special Provisions) 50% of the sales profit of C agreed between C and the Defendant shall be distributed by both the Plaintiff and C.

On February 1, 2011, c representative director H (the official seal of the representative director) G (the trade name of the plaintiff) F (the official seal of the plaintiff)

D. From January 28, 2011 to July 19, 2011, the Plaintiff paid KRW 73,946,950 in total amount of Defendant’s working capital to D (the actual operator of C) as indicated in the pertinent column for “paid amount” in the “Plaintiff’s Payment List” as follows, and paid the said table.