A. On January 28, 2014, when the Plaintiff invested KRW 100 million in around January 28, 2014, the Plaintiff asserted as to the cause of the claim with the Defendant Company’s employee B, the Plaintiff agreed to receive the registration of ownership transfer for 8 debentures of the Defendant Company, by February 7, 2014. However, if the Plaintiff is unable to perform this, the Plaintiff agreed to obtain the registration of ownership transfer for 8 debentures of the Defendant Company C.

The Plaintiff, in accordance with the above agreement, lent a sum of KRW 100 million to or invested in the Defendant on January 28, 2014, including remitting KRW 80 million to the Defendant’s account under the name of the Defendant, but received a return of KRW 7.5 million. Therefore, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 92.5 million (=10 million - 7.5 million).

B. In full view of the following circumstances, which are acknowledged as comprehensively taking account of the overall purport of the pleadings as evidence Nos. 2, 3, 6, and 8 as follows: ① a sales contract was prepared by the Defendant to sell the eight household units of the building C to B on January 28, 2014; ② a sales contract was prepared to sell the above eight household units to the Plaintiff on the same day; ② a sales contract was prepared to sell the above eight household units to the Plaintiff on March 6, 2014; ② a certificate of employment that B is in office as the Defendant’s agent was prepared on March 6, 2014; and ② was prepared by the Defendant to obtain a loan from a financial institution to obtain a balance of the purchase price, and there is no other circumstance to recognize that B works as the Defendant’s employee; and there is insufficient evidence to acknowledge that the testimony of the witness D alone was concluded between the Plaintiff and the Defendant to return the investment amount.

Therefore, we cannot accept the plaintiff's primary claim.

2. Determination on the claim for return of preliminary unjust enrichment

A. (1) In fact, E and B decided to purchase eight households of the C building from the Defendant, and the sales contract with the Defendant was drafted on January 28, 2014 in the name of B.

(2) The Plaintiff is KRW 100 million to E and B.