On March 2015, the Plaintiff (hereinafter “Nonindicted Company”) introduced and invested in the Plaintiff Company through the Defendant (hereinafter “Nonindicted Company”).

B. On March 10, 2015, the Defendant, under the name of “cash storage certificate,” prepared and delivered a document stating that “I will guarantee the principal amount of KRW 3,00,000,000 and the amount of DNA sales as above.”

C. The Plaintiff received a total of KRW 5,462,731 from Nonparty Company from March 4, 2015 to October 16, 2015.

On December 2015, the non-party company came to go bankrupt due to the detention of the representative director.

2. The assertion and judgment

A. The plaintiff's assertion 1) If the defendant invested KRW 11,00,000 in the non-party company to the plaintiff, the defendant guaranteed the profit of KRW 30,00,000 and agreed to repay KRW 30,000 when the investment profit is known to the non-party company. Since the plaintiff paid the investment profit to the non-party company, the defendant is obligated to pay the plaintiff the remaining money after deducting the profit paid from the agreed amount. 2) The representative of the non-party company guaranteed the plaintiff's profit of KRW 30,00,000,000 and prepared a cash custody certificate to the plaintiff, and the defendant did not keep the plaintiff's money of KRW 30,00,000,000, and the defendant also made an investment to the non-party company and sustained the loss.

B. In full view of the Defendant’s assertion and cash custody certificate in the above facts of recognition 1, supra, the Defendant recommended the Plaintiff to pay KRW 30,000,000, including earnings, if the Defendant invested KRW 11,000,000 in the non-party company, thereby making an investment payment to the non-party company.