1. The plaintiff's claim is dismissed.

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

1. On August 24, 2009, the purport of the Plaintiff’s claim was to establish the non-party limited liability company C (hereinafter “non-party limited liability company”) with the Defendant and to operate the above company together. Upon the Defendant’s request from November 2, 2009 to May 11, 2010, the Plaintiff engaged in the above company.

1. The Defendant paid 42,164,790 won by subrogation, such as in the statement on the details of subrogation.

Therefore, the defendant is liable to pay to the plaintiff 42,164,790 won by subrogation as above and damages for delay.

2. Determination

A. The following facts are acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 4, and 5 (including each serial number), unless there is a dispute between the parties, or in full view of the purport of the whole arguments.

(1) Attached Form

1. On the date of each other other than Nos. 3, 17, and 22 of the Table on the Results of Subrogation, the money recorded in the “amount sent” column in the Plaintiff’s account was actually remitted to the parties concerned.

(2) On July 13, 2009, the Defendant borrowed KRW 20 million from Nonparty D as land purchase price, and completed the registration of collateral security in D on the same day as land owned by the Defendant on the same day, and on April 27, 2010, the registration of collateral security was cancelled on April 27, 2010.

(3) Attached Form

1. The amount of remittance stated in the table Nos. 4 to 9, 11, 12, 13, 19, and 23 in the table of the payment by subrogation is the defendant's personal obligation, which the plaintiff remitted on behalf of the defendant.

(b) However, the following circumstances are recognized, taking into account the overall purport of the pleadings, as a whole, written evidence Nos. 2 through 8 of Eul (including each number).