A. The Plaintiff paid KRW 0,00,000,000 on September 4, 2015, and November 6, 2015, to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for the purpose of investing in C&A (hereinafter “instant business”).

On November 5, 2015, Nonparty Company agreed with the Plaintiff on the aggregate of KRW 100,000,000 of the above investment amount (hereinafter “instant investment agreement”) as follows.

If the plaintiff invests 100 million won in the non-party company, the non-party company grants 5.517% of the shares in the business of this case to the plaintiff, and receives and uses Satcon server from the plaintiff.

However, in the case of problem, the representative director of the non-party company is responsible and refunded 100 million won.

B. The Defendant acquired the status of the party to the instant investment agreement from the Nonparty Company.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the project of this case was suspended because it did not perform the establishment, financing, and bidding of a special purpose corporation (SPC). Thus, the defendant asserts that the defendant is obligated to return the investment amount to the plaintiff in accordance with the proviso to the investment agreement of this case.

The defendant asserts that the project of this case is in progress and is not terminated, so the defendant does not have the obligation to return the investment amount to the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 5 and 6 as to whether the Defendant had the obligation to return the investment amount to the Plaintiff according to the instant investment agreement, D, a representative director of the Defendant, at the present time, was informed the Plaintiff of the establishment of a special purpose corporation (SPC) in Peru by May 2016 for the instant business on or around January 2016, but it is unclear whether the corporation was established until now. The Defendant guaranteed the Plaintiff as to the PF loan around March 2016.