1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On August 28, 2008, the Plaintiff asserted that he/she loaned KRW 1,027,412,500 to the Defendant several times until December 23, 2016. From October 9, 2008 to December 21, 2016, the Plaintiff received a total of KRW 168,60,000 as repayment of principal and KRW 147,853,851 as repayment of interest (i.e., KRW 168,60,00 as repayment of principal and KRW 147,853,851 (i.e., KRW 168,60,000).

If the said money repaid by the Defendant is calculated in accordance with the legal doctrine of appropriation of performance in the order of the expenses, interest, and principal, the Plaintiff’s loan claims remain in the principal amounting to KRW 812,605,463, interest158,617,128 as of June 8, 2017.

The Defendant filed a claim against the Defendant for a total of KRW 971,22,591 (i.e., KRW 812,605,463 KRW 158,617,128) and damages for delay from June 9, 2017 for principal amounting to KRW 812,605,463.

B. The Defendant’s assertion and the Defendant established a joint stock company C (hereinafter “instant company”) and operated the 4D three-dimensional image experience center business. The amount that the Plaintiff paid to the Defendant is an investment for the instant company’s operation and the instant business, not a loan agreed to be returned.

2. Determination on the cause of the claim

A. 1) On March 17, 2009, the Plaintiff and the Defendant established the instant company with the purpose of wholesale and retail business, distribution business, and software consulting, development, and supply as promoters. Since its incorporation, the Plaintiff owned 40% of shares and 45% of shares in the corporate register of the instant company. 2) On the corporate register of the instant company, the Plaintiff is a internal director and the Defendant is respectively registered as the representative director.

3) The Plaintiff, in 2009 and 2010, approved the disbursement resolution, etc. of the instant company as a person in charge of expenditure of the instant company. From around 2011, the Plaintiff approved the disbursement of funds as a person in charge of financial support headquarters (the person in charge of financial affairs was approved as a person in charge of financial affairs, and from around 2012, approved the disbursement resolution, etc. from the time of the establishment of the instant company to August 2016.