1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 2007, the Defendant entered into a contract on joint development and sale of charnel facilities (see evidence 5, e.g., “instant sales contract”) with the representative E of D located in Gyeong-gun, public, and private.

B. In addition, on September 10, 2007, the Defendant concluded an investment contract related to the development of DNA charnel facilities with the Plaintiff (hereinafter “instant investment contract”) (hereinafter “instant investment contract”), and the content thereof are as shown in the attached Form A No. 1.

C. Under the instant investment contract, the Plaintiff transferred to the Defendant KRW 30 million on September 1, 2007, KRW 12 million on October 12, 2007, KRW 10 million on October 19, 2007, and KRW 10 million on October 19, 2007, respectively.

On December 12, 2007, the Defendant prepared a letter stating that “the instant construction works will be completed by January 5, 2008, and, if not, would waive all rights to the instant construction works, then deliver it to E.

E. After January 2, 2008, E succeeded to the status of the Defendant under the instant sales contract between the Plaintiff and the Plaintiff, and if the Plaintiff paid KRW 40 million to D, the Plaintiff agreed to succeed to the right of a written waiver prepared by the Defendant.

(See Attached No. 6). Accordingly, the Plaintiff transferred KRW 40 million to D on January 3, 2008.

F. On the other hand, on February 8, 2010, the Defendant filed a lawsuit seeking payment of KRW 20 million against the Plaintiff (the Busan District Court No. 2010 Ghana43238, Oct. 12, 2010). On October 12, 2010, the conciliation was concluded that the Plaintiff paid KRW 10 million to the Defendant in two instances.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. In accordance with the instant investment contract, the Plaintiff paid to the Defendant a partial amount of KRW 70 million (20 million out of KRW 40 million remitted to D on January 3, 2008), and three months after the commencement of sale.