1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 26, 2016, the Defendant entered into an investment agreement with D, which was operating C, etc. upon the Plaintiff’s introduction (hereinafter “C”), and paid KRW 50 million as investment.

On the other hand, the defendant received 3 million won of the agreed investment revenue in accordance with the above investment agreement for six months.

B. From July 2016, the Defendant terminated the said investment contract to the Plaintiff and requested a return of the invested principal. On August 26, 2016, the Plaintiff returned KRW 47 million to the Defendant, which deducted KRW 3 million from the amount of the investment principal to the amount of KRW 50 million.

C. Meanwhile, D was declared bankrupt on February 8, 2018 by the Seoul Rehabilitation Court (Seoul Rehabilitation Court 2018Hahap10005) and bankruptcy proceedings are underway, and the Plaintiff reported the claim for the amount of money taken over to the above bankruptcy proceedings in the status of the transferee of the Defendant’s investment bond as bankruptcy claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-7, significant facts in this court, purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion (1) on August 26, 2016, the Plaintiff returned the investment money on behalf of the Defendant on behalf of the Defendant, and the Defendant did not comply with the request even though the Defendant requested relevant documents to terminate the investment contract.

② In addition, the Plaintiff was willing to be transferred to the status of the investor by the Defendant, but the necessary documents were not submitted to D and C by the Defendant’s refusal of cooperation.

③ As can be seen, while the Plaintiff’s failure to cooperate with the Defendant’s termination of the Defendant’s investment contract, received the investment amount from D and C, or received the profit, etc. from the Defendant’s investment contract, the Plaintiff lost the opportunity for D to receive the investment amount upon declaration of bankruptcy.

Therefore, the defendant is obligated to compensate the plaintiff for damages caused by the failure to cooperate with the plaintiff.

B. First of all, the determination is made on August 26, 2016, as alleged by the Plaintiff, and the investment contract is terminated and made by the Plaintiff to the Defendant.