2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On October 2006, the Plaintiff entered into a business agreement with D on the disposal of waste-free goods, and appointed D as the head of the Plaintiff’s waste-free goods business.

B. On December 30, 2013, D entered into an agreement with the Defendant to provide the Plaintiff with the facilities owned by the Defendant, and to jointly operate the waste cable and the waste transformer recycling business under the Plaintiff’s name (hereinafter “instant agreement”), and drafted “Agreement” (Evidence A 4).

C. Article 3 of the above Agreement provides, “The defendant deposits KRW 300 million at the Plaintiff’s waste recycling business place for the faithful implementation of this Agreement, and the business place shall issue a cash receipt of the agreement and complete the registration with the Plaintiff’s headquarters within 14 days after the contract is concluded.”

On December 30, 2013, the Defendant performed the obligation to deposit money by remitting KRW 300 million to the Plaintiff’s F bank account under the name of deposit for the implementation of the instant agreement.

E. However, the Plaintiff and the Defendant agreed on the instant agreement between January and February 2015 due to the difficulties in acquiring the authorization and permission procedures and the lack of feasibility.

F. On April 10, 2015, the Plaintiff returned only KRW 200 million to the Defendant, and the remainder KRW 100 million was not returned.

G. On February 4, 2016, the Defendant filed an order with the Seoul Southern District Court No. 2016 tea4308 to seek payment of KRW 100 million against the Plaintiff and received the decision of the lower court.

(hereinafter “instant payment order”). The instant payment order became final and conclusive March 1, 2016 on the ground that the Plaintiff did not raise an objection within two weeks from the date of receiving the service of the instant payment order ( February 15, 2016).

[Basis] Facts without dispute, Gap evidence 3-1, 2, Gap evidence 4, 5-6, Gap evidence 12, Eul evidence 11 and 12, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff and the Plaintiff.