1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendants are married couple.

B. Defendant B engaged in construction machinery rental business with the trade name “D” in the name of Defendant C, after retired from office in the Korea Development Bank Co., Ltd.

C. From September 10, 2012 to December 14, 2012, the Plaintiff transferred the sum of KRW 82,727,100 to the Defendant C’s name account (excluding the remainder No. 4 of the remittance table) or the account designated by the Defendants (in the case of the excavated seller E’s account No. 4 of the excavated seller E.) as follows:

[Attachment List] The remittance amount 50 million won, which was KRW 8,901,50 on September 10, 2012, KRW 200,000 on September 20, 2012, KRW 5 million on September 20, 2012, KRW 31,500,000 on October 31, 2012, KRW 45 million on October 31, 2012; KRW 6 million on November 3, 2012, KRW 6 million on December 6, 2012; KRW 7.6 million on November 30, 2012; KRW 8,600,000 on December 365, 2012; KRW 8,000 on December 367, 207, KRW 2007; and

D. On December 2014, the Plaintiff sold one excavated machine under Defendant C’s name (F: hereinafter “first excavated machine”) to another person with a certificate of personal seal impression issued by Defendant C, and recovered KRW 12 million.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff invested a total of KRW 82,727,100 as shown in the above remittance statement to the Defendants who run the construction machinery rental business under the pretext of the excavation cost, etc.

(1) Primary investment: 5-9 Serials 1, 2, 3, and 43: 5-9

B. At the time of the first and second investments, the Defendants promised to pay dividends of KRW 100,000 to KRW 1.5 million each month.

C. The Defendants only paid only some of the dividend income, but did not perform their obligation to pay dividends.

As the Plaintiff demanded the Defendants to return the investment amount, the Defendants promised to return the full amount of the investment amount on June 10, 2013.

E. The Plaintiff, around December 2014, recovered KRW 12 million following the disposal of the first excavation machine in Defendant C’s name with the disposal authority granted by the Defendants.

F. Therefore, the Defendants are jointly and severally liable to the Plaintiff for an investment of KRW 70,727,100.