1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff filed a claim for return of unjust enrichment due to the failure to perform the instant partnership agreement (main claim) with respect to the Plaintiff’s new technology that is immediately applicable to the Plaintiff’s production of new technology in China (hereinafter “instant new technology”). The Defendant delivered KRW 50 million to the Defendant and agreed to provide the Plaintiff with the instant new technology. Accordingly, the Plaintiff remitted KRW 50 million to the Defendant. However, the Defendant did not provide the instant new technology to the Plaintiff and did not properly state the place of use of KRW 50 million.

Therefore, since a partnership agreement between the Plaintiff and the Defendant (hereinafter “instant partnership agreement”) was not concluded, and the Defendant received the above KRW 50 million without any legal cause, the Defendant is obligated to return the above KRW 50 million to the Plaintiff as unjust enrichment.

B. The instant partnership agreement was concluded following the cancellation of the instant partnership agreement.

Even if the Defendant did not provide the instant new technology that was promised to the Plaintiff, and if the Plaintiff knew that the level of the technology possessed by the Defendant does not reach the level of the instant new technology promised to the Plaintiff, the Defendant did not deliver the said KRW 50 million to the Defendant.

As such, the plaintiff made an error in the important part of the partnership agreement of this case.

Therefore, since the Plaintiff revoked the instant partnership agreement on the ground of mistake by serving the application for change of the cause of the claim on December 9, 2019, the Defendant is obligated to return the said KRW 50 million to the Plaintiff as unjust enrichment.

2. Determination

A. Determination of the claim for return of unjust enrichment upon non-existence of the instant partnership agreement is established by the agreement of the same partnership agreement as the instant partnership agreement, which is established by the agreement of at least two persons to make mutual investments into a joint business and operate a joint business. The evidence Nos. 1 and 3 of the instant partnership agreement.