The plaintiff's claim is dismissed.

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

1. Summary of the parties' arguments

A. Plaintiff 1) The primary assertion is that the Plaintiff agreed with the Defendants to operate the clothing shopping mall business, and the Defendants paid KRW 96,310,000 as investment money to the Defendants. However, the Defendants merely used the said investment money for personal purposes, but did not use it for the operation of the clothing shopping mall business. Therefore, the Defendants are jointly and severally liable to refund the said investment money and the damages for delay thereof to the Plaintiff.

In light of the principle of good faith, the plaintiff and the defendants should bear one-third of each total loss.

Therefore, the total loss is KRW 106,810,00 (=the Plaintiff’s investment amount of KRW 96,310,000, KRW 730,000). Thus, the amount of loss to be borne by the Plaintiff is KRW 35,60,000 (=106,810,000 x 1/3,000 x 1/3,000). Accordingly, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 60,710,00 (=the Plaintiff’s investment amount of KRW 96,310,000 - KRW 35,60,000), and damages for delay.

At least, the Defendants shall return to the Plaintiff the investment funds for clothing and shopping mall business in the sericultural store.

Therefore, the defendants shall jointly and severally refund 30,800,000 won and damages for delay to the plaintiff.

B. The Plaintiff and the Defendants agreed to operate the clothing shopping mall business and the Kamera sales business together, and operate the business by investing each certain amount of money.

Since profits have not been paid and closed, the Defendants cannot be deemed to bear the obligation to return the investment deposit or to compensate for losses against the Plaintiff.

2. According to the evidence Nos. 1, 2, 3, and 13, the Plaintiff paid 38,620,000 won to Defendant B as listed below, and the Plaintiff paid to Defendant C.