1. The plaintiff's claim is dismissed.

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

The Plaintiff, in collusion with C, concluded an investment agreement with the Plaintiff and acquired KRW 200 million from the Plaintiff even though the Defendant did not have the intent or ability to return the agreed principal of the investment and the profit, even if the Plaintiff received the investment money from C.

Appellants and seeks the return of the said money.

In this regard, the defendant is the real party C of the investment agreement with the plaintiff and the defendant did not acquire the above money.

In full view of the overall purport of the arguments in evidence Nos. 1 and 4, the defendant and C were indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and on December 24, 2019, the defendant and C conspired with C to guarantee the principal and profits of the plaintiff, etc. through their business employees, including D, in collusion with C and other business employees on December 24, 2019.

The facts of the crime that committed the act of receiving similar goods through explanation are found to have been convicted on the attached list 3 of the judgment of the Busan District Court 2019 High Court 2019 High Gohap 37, 2019 High Gohap 66, 2019 High Gohap 75, 2019 High Gohap 75 (Joint), 2019 High Gohap 90 (Joint), 2019 High Gohap 955 (Joint), 2019 High Gohap 129 (Joint), 2019 High Gohap 145 (Joint), 2019 High Gohap 145 (Joint), and 3. The facts of the above recognition and the evidence submitted by the plaintiff are insufficient to acknowledge that the defendant acquired 200 million won from the plaintiff in collusion with C, and there is no evidence to acknowledge this differently, among the judgment of the above case, the name of the plaintiff is not stated in the list of crimes related to fraud 1 and 2.

The plaintiff's assertion is without merit without a further review.

Therefore, the plaintiff's claim is dismissed.