A. On July 21, 2017, the Plaintiff agreed to make an investment of KRW 100,000,000,000 on the same day, and paid the aggregate of KRW 50,000,000,000 to the Defendant’s business that supplies offline to the expressway rest area, and KRW 100,000,000,000 to the Defendant’s business.

The return on investment has been paid the amount between KRW 2 million and KRW 3 million each month, and the contract period is at least two years, and the request for the return of the investment amount is at least three months.

B. On August 7, 2017, the Plaintiff agreed to make an investment of KRW 250 million to the same purport as the Defendant again, and paid KRW 250 million to the Defendant on August 9, 2017.

The return on investment was paid the amount of KRW 5 million to KRW 8 million each month.

C. The investment returns paid by the Defendant to the Plaintiff by December 2019 are as indicated in the relevant list of “The details of payment of investment returns” in the attached Table.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings, it is recognized that the Plaintiff filed a complaint against the Defendant on August 30, 2019 on the charge of fraud, and that the prosecutor issued a disposition against the Defendant on February 8, 2020 to the effect that he/she was not guilty (Evidence of Evidence).

Although the request for the return of the investment amount under the investment agreement between the plaintiff and the defendant must be made three months prior to the filing of the lawsuit in this case, if the plaintiff filed a complaint or the lawsuit in this case, it would naturally be in accordance with the rule of experience that the return of the investment amount was requested prior to the filing of the lawsuit in this case. Therefore, such a

Therefore, the defendant must return to the plaintiff the total amount of 350 million won paid to the plaintiff.

(B) In this case, the defendant only submitted a written reply recognizing the obligation to return the investment deposit.

Meanwhile, the minimum amount of investment profits agreed to be paid by the Defendant to the Plaintiff is KRW 7 million each month from August 2017 (=2 million won). Thus, in 2019, the amount of investment profits is KRW 5 million.