1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a company running taxi transport business, and C is a person appointed as the representative director on October 16, 2012 and registered as the representative director on October 29, 2012 to October 15, 2015, and D is a husband of C and a person who actually operated the Defendant as the wife of the Plaintiff.

B. From March 20, 2013 to December 5, 2014, the Plaintiff remitted total of KRW 350 million to the E bank account (F) in the name of the Defendant Company, as follows.

The deposit day amount of KRW 70 million on March 20, 2013; KRW 80 million on December 13, 2013; KRW 50 million on July 4, 2014; KRW 70,000,000 on July 4, 2014; KRW 350,000,000 on December 5, 2014; KRW 60,000 on October 29, 2014; and

C. Around April 2015, the Defendant: (a) decided to sell the Defendant’s shares that he actually owns to G; (b) concluded a negotiation with G on the said shares; (c) around August 2015, the Defendant entered into a contract with G to sell the Defendant’s entire shares to G in the name of G (hereinafter “instant contract to sell the instant shares”); and (d) around August 2015, the Defendant entered into a contract to sell the Plaintiff’s shares to G in the name of G.

Since then, G was appointed as the representative director of the defendant on October 15, 2015 and is working as the representative director of the defendant until now.

In addition, around the end of 2013 or beginning of 2014, the above D acquired the above company by acquiring the shares of H Co., Ltd. (hereinafter “I”) in the name of C by acquiring the shares of H Co., Ltd. (hereinafter “D”) from around August 21, 2014, and the Plaintiff has worked for the above company from the time of the above acquisition.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence (including each number, if there is a tentative number; hereinafter the same shall apply), Eul 1, 2 and 3 evidence, witness J and K testimony and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is D and C’s request that the Defendant lend the Defendant’s operating fund.