The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. On April 2014, C Co., Ltd. (hereinafter “Nonindicted Company”) Co., Ltd. (hereinafter “Nonindicted Company”) entered into an investment agreement with the Defendant to operate a tourist hotel (hereinafter “instant investment agreement”) with the Defendant as a successful bidder of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table No. 2 of the same Table (hereinafter “instant building”; the combination of the instant land and buildings was completed at the time of completion of the construction of the instant building (hereinafter “instant real estate”). Around that time, the Defendant received KRW 2.9 billion from the Defendant for the following investment agreement (hereinafter “instant investment agreement”).

Note 1 (Business Investment Amount) Article 1 (Business Investment Amount) shall be KRW 3 billion.

Article 4 (Responsibility and Roles of Non-Party Company) (1) The construction of the building of this case shall be supervised throughout the whole construction, such as the execution of the construction, management of subcontractors, and introduction of materials until the completion of the building of this case.

Article 5 (Responsibilities and Responsibilities of the Defendant) (1) of the Act on the Implementation of Loans to Return the Defendant’s Final Profits after completion of the construction within the prescribed period. (6) The said Act invests funds necessary for the transfer of ownership of the instant real estate.

6 (Return of Final Return of Amount of Investment) Within five months from the date of payment of the investment amount, the non-party company shall pay 4 billion won to the defendant as final profit.

There is no change in the final profit even when the final profit is calculated according to the calculation of the fixed amount without the limit of five months.

Section 8 (Reservations) For the project above, the amount of KRW 100 million shall be set as the reserve and the defendant shall use the business related management and use.

Provided, That the reservation amount shall be deducted from the final revenue.

Article 9 (Expiration of Fixed Benefit Period) If fixed profit is not collected even after five months have elapsed from the fixed profit business period, the non-party company will pay interest monthly to the defendant by applying the highest interest rate of four billion won under the Loan Business Act.

2) The non-party company is a company.