2. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

B. On July 14, 201, the Defendant purchased the above bonds with warrants equivalent to KRW 120,000,000,000, which is the total amount available for exercising the preemptive right, and on July 22, 2011, the Defendant reported on July 2, 201 that the bonds with warrants, including the bonds with warrants, were lost on July 2, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-2 and 7-1-1, Gap evidence 3-1, 2, Gap evidence 5 and 6, Gap evidence 9-1 and 2, the witness's partial testimony, and the purport of whole pleadings

2. The parties' assertion

A. (1) On July 10, 2011, the Plaintiff and the Defendant concluded an investment contract stating that “The Plaintiff invested KRW 120 million to the Defendant, and the Defendant applied for conversion with prior factoring bonds with the said investment deposit at an appropriate time, and pays to the Plaintiff the full amount of the Plaintiff’s investment principal and profits, and the Defendant guarantees the payment of the said investment principal even if any loss occurs.” (hereinafter “Plaintiff’s investment contract”).

Therefore, according to the above investment contract, the defendant is obligated to return to the plaintiff the remaining 73 million won and delay damages after deducting the amount of KRW 47 million paid at the investment principal of KRW 120 million from the amount of KRW 100 million.

(2) In addition, since the prior factoring test was delisting on September 22, 2011 and the application for conversion of the instant bonds with warrants was impossible, and the said investment contract was subsequently impossible, the said investment contract was subsequently implemented. Thus, the Plaintiff cancelled the said investment contract and paid KRW 47 million with the said investment principal paid at KRW 120 million with the restoration to original state.