1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant B shall be KRW 100,000,000 to the Plaintiff.

1. Basic facts

A. On June 2009, Defendant B introduced the Plaintiff as a person who develops a site for electric power resource at the office, Inc., Ltd., Ltd., Ltd., located at the Seocho-si, Kimpo-si, Kimpo-si, and concluded that “The FFFFFFFFFFF would have 245 square meters enclosed. When investing KRW 200 million, Defendant B would purchase the instant land, build a new commercial building, and then pay 50% of the amount invested within two years.”

B. Accordingly, between July 3, 2009 and July 9, 2009, the Plaintiff wired KRW 189,500,000 in total to the Defendant C’s national bank account directly or through G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants are presumed to have embezzled the Plaintiff’s money with the intent of unlawful acquisition, since they failed to present evidentiary data on the source of use related to the money remitted by the Plaintiff, and have failed to give reasonable explanation to the source of use.

Therefore, the Defendants jointly are liable to pay the Plaintiff the amount equivalent to the Plaintiff’s investment due to tort damages.

B. In the event that Defendant B made an investment of KRW 200 million to the Plaintiff, Defendant B would pay a total of KRW 300 million, including 50% profits, within three years.

The plaintiff solicited investment, and the plaintiff invested KRW 189,50,000 to the defendants.

Defendant C operated an investment business jointly with Defendant B as a real estate broker, who is the spouse of Defendant B and is a real estate broker. The act of Defendant B entering into an agreement to attract and return investment funds constitutes ancillary commercial activities for the sake of the merchant’s business. Since the Commercial Act applies to all parties when an act of one of the parties is a commercial activity, the obligation of the Defendants to return investment funds, etc. to the Plaintiff constitutes joint and several obligations pursuant to Article 57(1) of the Commercial Act.

Therefore, the Plaintiff has a claim against the Defendants for the return of investment amounting to at least KRW 300,000,000.