1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff became aware of the Defendant through the Plaintiff C, and the Defendant was able to obtain a large amount of profit if an investment was made in solar power plants, and the Plaintiff transferred KRW 75 million to the Defendant on December 22, 2017.

However, even though there were circumstances that the Defendant is obliged to return the full amount of the investment, such as not granting permission to the solar power generation project promoted by the Defendant, the Defendant paid only KRW 45 million to the Plaintiff and did not return the remainder of KRW 32.5 million.

B. The Defendant only entered into a contract for the construction of solar power plant with the Defendant C, and did not conclude any contract with the Plaintiff.

C On December 22, 2017, the Defendant transferred KRW 77.5 million out of down payment to the Defendant’s account from the Plaintiff’s account to the Defendant’s account. The Defendant is aware that the Plaintiff transferred it to the Defendant upon C’s request.

Therefore, the Plaintiff did not have any title to claim against the Defendant, and thus, the claim of this case should be dismissed, and the Defendant returned the down payment of KRW 77.5 million to C and terminated the contract for construction.

2. Facts of recognition;

A. On September 2, 2017, the Defendant entered into a contract for the construction of solar power plants (hereinafter “instant construction contract”) with C, setting the total contract amount of KRW 950,000,000,000 for total contract amount of KRW 950,000,000 for down payment, and KRW 150,000,000,000 for down payment. The Defendant constructed solar power generation facilities on the D ground at Chungcheongnam-si, and C entered into a contract

B. When the Defendant and C prepares a written contract for a construction project, the Plaintiff’s name was not indicated in the party column of the contract.

C Since then, the Plaintiff entered the Plaintiff’s name, address, and resident registration number in the party column of the instant construction contract and delivered them to the Plaintiff.

C. As of December 18, 2017, a “so-called solar parcelling-out certificate” was prepared with the purport that the Defendant would transfer to the Plaintiff and E (A) solar power plants on the D ground of Chungcheong City.

d. the written certification of solar distribution;