A. On May 2014, the Plaintiff and Defendant B entered into a joint agreement with the purport that the Plaintiff invested KRW 150,000,000 in connection with the restaurant operated on the 12th floor of the building located in Busan (hereinafter “instant restaurant”) and Defendant B shall pay the Plaintiff 25% of the share of the instant restaurant.

B. On May 29, 2014, the Plaintiff paid Defendant B KRW 30,00,000,000, and KRW 120,000,00 on June 2, 2014.

C. Around June 13, 2014, Defendant B demanded the Plaintiff to invest KRW 20,000,000 as operating expenses of the instant restaurant. Accordingly, the Plaintiff transferred KRW 15,000,000 to the account in the name of Defendant C, the spouse of Defendant B, and KRW 5,000,000 on June 23, 2014.

around November 2014, Defendant B required the Plaintiff to publicize the instant restaurant, and the Plaintiff transferred KRW 2,00,000,000 to the account in the name of Defendant C around November 6, 2014.

E. Defendant B was indicted by fraud in 2016Da604, Feb. 13, 2017, and was tried to open the instant restaurant on the basis of the money invested by the Plaintiff. Defendant B only intended to open the instant restaurant with the amount invested by the Plaintiff, and did not have an intent or ability to invest KRW 450,000,000 as the start-up capital of the restaurant, Defendant B was in need of KRW 600,000 as the start-up capital of the restaurant. Defendant B received KRW 150,000,000 from the Plaintiff to invest KRW 450,00,000 as the start-up capital of the restaurant. Defendant B received KRW 150,000,000 from the Plaintiff as the total-up capital of KRW 0,000,000,000,000 from the Plaintiff.

In spite of the fact that the Plaintiff paid KRW 100,00,000 to additional construction cost, the Plaintiff did not receive construction cost of KRW 500,000,000 and did not work properly and paid KRW 100,000 to re-construction, and the Plaintiff paid KRW 100,000 to re-construction.