A. On October 20, 201, the Plaintiff entered into an investment agreement on KRW 200 million (hereinafter “instant investment agreement”) with C Co., Ltd. (hereinafter “C”), and the terms and conditions of the investment agreement are as follows.

B. Until October 20, 201, the Plaintiff and C determined that the instant investment agreement takes effect by depositing KRW 200 million in the account designated by C, and the Plaintiff transferred KRW 200 million to the E-bank account (Account Number:F) in the name of the representative director C on October 20, 201, as so determined.

C. On November 30, 2012, the Defendant merged C with the Defendant, and the Plaintiff did not receive the investment money under the instant investment agreement from C or the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, response to this court's order to submit financial transaction information to E banks, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant who absorbs C is obligated to pay to the plaintiff the investment amount of KRW 200 million pursuant to the investment agreement of this case and damages for delay, unless there are special circumstances.

B. The Defendant’s assertion and determination 1) The Defendant asserted that, on November 30, 201, C remitted KRW 100 million to the Plaintiff on the part of the investment deposit, the Plaintiff was returned KRW 100,000,000, out of the investment amount under the instant investment agreement. According to the Defendant’s assertion and determination 1, it can be acknowledged that D transferred KRW 100,000,000 to the Plaintiff’s corporate bank account (Account Number: G) on November 30, 2011, according to the fact that there was no dispute between the parties or the response to the order to submit financial transaction information to E banks.

However, in light of Gap evidence Nos. 5 and 6's testimony and witness D's testimony, the above facts alone are sufficient to recognize that the above 100 million won is the return of investment money under the investment agreement of this case.