1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant’s words C and D recommended the Plaintiff to make an investment that the Plaintiff would pay high-rate interest along with the principal when making an investment while operating several fences in Jeju-do. Accordingly, the Plaintiff transferred KRW 40 million to the Defendant’s account in total, including KRW 20 million on November 22, 2006, KRW 20 million on February 21, 2007, KRW 10 million on March 15, 2007, and KRW 40 million on March 15, 2007.

B. C and D obtained total amount of KRW 20,254,678,934 from 97 persons including the Plaintiff, etc. without obtaining authorization, permission, registration, reporting, etc., and was sentenced to one year each on August 18, 2010 as a violation of the Act on the Regulation of Conducting Fund-Raising Business without obtaining permission, registration, reporting, etc.

[The Jeju District Court 2009 High Court 220, 2010 High Court 250 High Court 2010 High Court 250 (Consolidation)] [The above judgment becomes final and conclusive thereafter] [The grounds for recognition]] of absence of dispute, Gap evidence 1, 12, 28, Eul evidence 6, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s primary assertion 1) ① the Plaintiff lent KRW 40 million to the Defendant. ② The Defendant agreed to guarantee the payment of KRW 40 million, which the Plaintiff invested in the Defendant. ③ The Defendant is a joint tortfeasor who committed a tort (a person receiving money without permission) jointly with C, and is liable to compensate the Plaintiff for the damages incurred by the Plaintiff. ④ The Plaintiff transferred money to the Defendant’s account to the Defendant, obtained economic benefits without any legal cause, and incurred loss to the Plaintiff, and the Defendant is liable to return unjust enrichment equivalent to the above amount to the Plaintiff. (2) The Defendant is obligated to return the Plaintiff’s unjust enrichment. (2) The Plaintiff is also liable to compensate the Plaintiff for the internal business share among the ancillary asserted and only one of them performed a commercial activity, and Article 57 of the Commercial Act is applicable to the case where only one of

C In order to construct and operate Eriart for profit, the Plaintiff borrowed the above KRW 40 million from the Plaintiff, and the Defendant also takes charge of the affairs of the principal in the Eriart, and is participating in the operation of the Eriart at the place of the above Eriart.

The defendant inside the territory of C.