2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Defendant is an executor and a truster who carries out the business of constructing and selling officetels and neighborhood living facilities on the ground of the Daegu-gu Incheon Metropolitan City C, and D (hereinafter “D”) is a trustee related to the instant business, who is in charge of the receipt and management of subscription money for sale.

B. On August 3, 2015, the Plaintiff remitted KRW 350 million to the D deposit account.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion that E, the actual owner and representative of the defendant's assertion, did not prepare for the business fund of KRW 350 million in relation to the business of the case in which the defendant had been proceeding, and it is impossible to obtain the PF loan from the financial institution. If the plaintiff invests KRW 350 million in the business of the case in the amount of KRW 350 million, he recommended the plaintiff to return KRW 70 million after the three months.

Accordingly, the Plaintiff entered into an investment agreement with the Defendant to invest KRW 350 million in the Defendant and return KRW 700 million from the Defendant for three months thereafter, and the Plaintiff transferred the amount of KRW 350 million to a D deposit account designated by the Defendant on August 3, 2015.

However, until three months after the agreed return date, the Defendant returned only KRW 350 million to the Plaintiff, and did not pay the remainder of KRW 350 million to the Plaintiff. Therefore, the Defendant is liable to pay the Plaintiff KRW 350 million and delay damages.

3. Determination

A. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions and the entire purport of the evidence of subparagraphs 1 through 5 (the number of pages is included; hereinafter the same shall apply), each of the evidence of subparagraphs 1 through 7 is insufficient to acknowledge the fact that an investment agreement between the Plaintiff and the Defendant regarding the contents as alleged by the Plaintiff is concluded, and there is no other evidence to acknowledge it.

1. The plaintiff and the defendant.