1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 3, 2014, the Plaintiff paid KRW 38,000,000 to the Defendant’s account by means of remitting the amount to the Defendant’s account.

B. On September 11, 2014, the Plaintiff transferred KRW 10,000,000 on September 12, 2014, KRW 3,000,000 on September 12, 2014, and KRW 5,000,00 on February 9, 2015 from his/her own Cbank account to his/her account number D, respectively, and indicated the details of each remittance as “E President” or “E President President”.

C. From May 14, 2014 to October 6, 2015, the Defendant wired the money of KRW 300 to KRW 10 million each month to the Plaintiff’s account. On October 17, 2017, the Defendant wired KRW 5,00,000 to the Plaintiff’s account two occasions.

The Defendant indicated “F” or “F shares” in the remittance details at the time of each transfer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. On April 3, 2014, the Plaintiff invested KRW 38,000,00 in the restaurant business, “F” located in Gangnam-gu Seoul Metropolitan Government G operated by the Defendant, and between September 11, 2014 and February 9, 2015, the Plaintiff invested KRW 23,000,000 in the restaurant business operated by the Defendant among the restaurant business operated by the Defendant.

Although the Defendant received the said money and distributed the proceeds and subsequently returned the principal, the Defendant did not distribute the proceeds after October 6, 2015, and returned only KRW 10,000,000 among the principal.

The defendant is entitled to recover the amount of the principal of the investment, which has not yet been returned.

B. Defendant 1) The Defendant received from the Plaintiff the investment money related to the restaurant “F”, but did not have agreed to guarantee the investment principal and return the investment principal. The Defendant distributed all the proceeds of the above restaurant, and paid KRW 10,000,000 to the Plaintiff, while closing the business. Defendant did not receive the investment money related to the restaurant, which is claimed by the Plaintiff.

3. Determination

(a) Investment KRW 38,00,000 in relation to the above restaurant business by the Plaintiff in relation to the investment in restaurant “F”.