1. The plaintiff's claim is dismissed.

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

1. While the Plaintiff was seeking to operate the shopping mall in the membership subscription system, the Plaintiff was proposed to invite members of the shopping mall by establishing a cooperative C (hereinafter “instant cooperative”) in addition to the Plaintiff’s method of inviting members.

Since then, the defendant held an inaugural general meeting at will, and registered E as a director who was in charge of the affairs related to D and the invitation of members, a director of the plaintiff.

Upon the Defendant’s request to transfer the down payment to open a restaurant in Macheon with the establishment cost of the instant association or the profit-making business, the Plaintiff respectively remitted KRW 5 million on October 21, 2014, and KRW 45 million on October 23, 2014, respectively.

However, the defendant used the above money for personal use, such as monthly rent and private loan cost of F Kapet operated by himself.

Since the defendant deceivings the plaintiff and defrauds the plaintiff KRW 50 million, the defendant is obligated to pay the plaintiff KRW 50 million in compensation for damages caused by the illegal act.

2. According to each of the evidence No. 1 and evidence No. 2 (including each number), the fact that the Plaintiff remitted each of the Defendant with KRW 5 million on October 21, 2014, and KRW 45 million on October 23, 2014 is recognized.

However, in light of the following circumstances, which are acknowledged by comprehensively taking into account the respective descriptions of evidence Nos. 1 through 4 of evidence Nos. 3 and the purport of the entire pleadings, there is no evidence to prove that the Defendant, as shown in the Plaintiff’s argument, did not believe that the Defendant received KRW 45 million by specifying the use as a down payment at a single restaurant, and that some of the testimonys Nos. 3, 15, and witness E were deceiving the Plaintiff as alleged by the Plaintiff.

o The Plaintiff asserted that, up to the filing of the complaint, brief dated January 28, 2015, and written application for amendment of the purport of the claim as of March 28, 2015, the Defendant used 50,000 won for the establishment cost or operating expenses of the instant association and used it individually. However, the Defendant asserted the above KRW 50,000,000 for the instant association.