1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant Company (the former trade name is “C”) is a company that runs the wholesale and retail business of golf products. D is the representative director of the Defendant Company from February 7, 2012 to February 7, 2012.

B. On February 7, 2012, the Plaintiff was appointed as an internal director on February 7, 2012 on the corporate register of the Defendant Company, and is indicated as being retired on February 7, 2015.

Meanwhile, as of March 22, 2016, the Plaintiff holds 6,000 shares, D 10,000 shares, and E 6,000 shares, respectively, among total shares generated by Defendant Company as of March 22, 2016. The Plaintiff currently holds 6,00 shares.

C. On January 30, 2012, the Plaintiff remitted KRW 15 million to D, and on February 21, 2012, remitted KRW 30 million to the Defendant Company.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion and D together with golf-related business, such as golf products wholesale and retail business, and conducted a business in the name of a legal entity acquired by D. In that process, the Plaintiff invested in the Defendant Company acquired by D in the sum of KRW 45 million as seen in the above recognition.

After that, the Plaintiff requested D, the representative director of the Defendant Company, to return the said investment amount of KRW 45 million, and the representative director D agreed to return the said investment amount of KRW 45 million to the Plaintiff.

Nevertheless, the defendant company has not returned only KRW 3 million out of the above investment amount of KRW 45 million and has not returned the remaining KRW 42 million.

Therefore, the Defendant Company is obligated to pay to the Plaintiff the remaining amount of investment KRW 42 million and damages for delay in accordance with the aforementioned agreement on the return of investment proceeds.

B. As alleged by the Plaintiff, as to whether the Defendant Company agreed to return the investment amount of KRW 45 million, as alleged by the Plaintiff, to the Plaintiff, the purport of the entire pleadings is as follows: (a) the facts of recognition as seen earlier, the evidence of Nos. 1 through 5 (including, if any, branch numbers; hereinafter the same shall apply), and evidence Nos. 1 through 3.