1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 2013, the Plaintiff introduced the Defendant from C to a foreign futures trading expert. Around that time, between the Defendant and the Plaintiff, the Plaintiff transferred money to the account opened by a “D” company (hereinafter “D”) that did not obtain permission from an administrative agency regarding stock transaction business. The Defendant, by accessing the website established by the said company, did conduct overseas futures trading without any specific instruction of the Plaintiff, and entered into a discretionary investment contract to distribute monthly profits (hereinafter “instant discretionary investment contract”).

B. From August 20, 2013 to November 25, 2013, the Plaintiff deposited a total of KRW 50 million in the account opened by D (the Plaintiff acknowledges that the Plaintiff incurred losses by making an investment). The Defendant, during the same period, performed overseas futures trading with the Plaintiff’s funds pursuant to the instant discretionary investment contract.

C. The Plaintiff and the Defendant distributed profits from overseas futures investment on August 2013 and September 2013. However, from October 2010, the Plaintiff and the Defendant suffered losses due to the fall in the price of the Cludrid Products (hereinafter “Clud Product”) invested by the Defendant from around October 2010.

【Reasons for Recognition】 Each entry of evidence Nos. 1 and 2, C’s testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant agreed between the Plaintiff and the Plaintiff at the time of the instant discretionary investment contract, to make an investment in derivatives only. On October 10, 2013, the Defendant incurred loss of KRW 13,156,500 by investing in the Dau Products, KRW 14,229,085 by investing in the same method as of November 1, 2013, and KRW 22,53,440 by investing in the same method as of November 12, 2013.

B. At the time of the instant discretionary investment contract, the Defendant shall pay 40% of the fees paid to D with respect to overseas futures trading.