1. The plaintiff's respective claims against the defendants are all dismissed.

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

1. Basic facts

A. From around 2009, Defendant B invested their respective money with D and E, and jointly operated “G” in the Gangnam-gu Seoul Metropolitan Government F.

B. The Plaintiff was interested in the joint operation business of the above restaurant by Defendant B, etc., and Defendant B, etc. decided to invest money in the above business with the intent to expand the above business.

On July 2009, the Plaintiff transferred a total of KRW 106,000,000 to the account in the name of Defendant C, the mother of Defendant B, as an investment deposit.

C. The Plaintiff, Defendant B, etc. expanded the store, thereby opening a new restaurant with the trade name “H” by making the name of the business operator Defendant B as Defendant B.

On June 2016, the Plaintiff transferred additional investment KRW 8,900,000 to Defendant C’s account in the course of operating the said restaurant.

E: around 2010, around March 2013, and around March 2013, D withdrawn from each of the above business relations.

E. Around July 2016, the Plaintiff, along with Defendant B, sent a content-certified mail to the effect that the Plaintiff continued to operate the said restaurant by changing the name of the operator of the said restaurant to Defendant C, and terminated the said restaurant business relationship on April 27, 2018.

[Ground of recognition] Evidence Nos. 1 through 5, 8, witness D's partial testimony, the purpose of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Defendant B agreed to return the investment principal in the case of withdrawal from the partnership relationship with the Plaintiff. As such, Defendant B is obligated to refund the Plaintiff’s investment principal amounting to KRW 114,900,000 (= KRW 106,000,000) and damages for delay.

In addition, Defendant C is the nominal holder of the account that received the above investment money from the Plaintiff and the business owner of H, and without any legal ground, owns the benefits equivalent to the investment money paid by the Plaintiff. As such, Defendant C is jointly and severally liable to refund the above KRW 114,90,000 to the Plaintiff and its delay damages.

B. First, the plaintiff's claim against the defendant B is examined, Gap's claim is examined, Gap's 2 to 5, 11.