1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

around June 2015, the Defendant invested KRW 60 million to the Plaintiff.

The defendant is obligated to pay to the plaintiff the remaining KRW 22 million, excluding the above KRW 38 million discharged by the defendant, among the above KRW 60 million to the plaintiff.

The Defendant borrowed KRW 95 million, which is a half of the amount invested by the Plaintiff Company C (hereinafter “C”) from the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30 million, excluding the remainder of KRW 65 million that the Defendant directly repaid to C among the above KRW 95 million.

Judgment

The judgment on the claim for the payment of KRW 20 million was examined, and the fact that the plaintiff paid KRW 60 million to the defendant around June 2015 is not a dispute between the parties, and the plaintiff received KRW 38 million from the defendant around January 2018.

However, the above facts alone are insufficient to readily conclude that the nature of the money paid by the Plaintiff to the Defendant is a loan with the intention to return the principal, and there is no other evidence to acknowledge it.

The plaintiff's above claim is without merit.

The following facts are recognized as a whole or there is no dispute between the parties in regard to the claim for the payment of KRW 30 million in consideration of the whole purport of the pleadings in each of the statements in subparagraphs A through 3.

On December 2, 2016, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with the following terms and conditions as a patrol officer:

In order to secure mutual trust in order to carry out business jointly with the plaintiff (D), the defendant (the defendant) shall enter into a business contract as follows:

5. In order to carry out the manufacturing/export of plants ordered by Japan and environmental projects such as Kimcheon and Pyeongtaek in Korea, the shares ratio of E Co., Ltd. (hereinafter “E”) newly incorporated is 50% and 50%.

6. It is hereby established to establish a manufacturing subsidiary for the manufacture of plants ordered in Japan and Korea through E.