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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1) Around September 2015, the Defendant filed a claim for the return of investment money based on an investment agreement with the Defendant: “Around September 2015, the Plaintiff established a corporation and sought an office in Mapo-gu Seoul to directly engage in Kamera rental business. B) The Plaintiff solicited the Plaintiff to make an investment to the effect that it would be liable for making an investment, and the principal would be guaranteed. The Plaintiff entered into an oral investment agreement with the Defendant and made an investment to the Defendant on October 5, 2015, KRW 60,000,000, and KRW 15,000 on November 4, 2015. The Plaintiff rescinded an investment agreement with the Defendant on the grounds of the Plaintiff’s breach of the Plaintiff’s investment agreement with the Defendant, and the Plaintiff was obligated to pay the Plaintiff the principal amount of KRW 45,00,000,000, which was not repaid by the Plaintiff as an investment, and the Defendant had the obligation to directly induce the Plaintiff to a rental business entity in Mapo-gu.
The plaintiff paid 70,000,000 won to the defendant. However, even if the plaintiff received investment money from the plaintiff, the defendant did not have the intention or ability to directly establish a corporation and operate Kamer rental business, or to guarantee the principal to the plaintiff.
Since the Plaintiff’s failure to pay to the Defendant the amount of 45,00,000 won, the Defendant is obligated to pay the Plaintiff the amount of 45,000,000 won and damages for delay based on the tort.
B. The fact that the Plaintiff remitted total of KRW 75,00,000 on October 5, 2015 to the bank account in the name of the Defendant, and KRW 75,000,000 on November 4, 2015; the Defendant thereafter paid KRW 2,800,000 on December 1, 2015 to the Plaintiff; and the Defendant returned KRW 5,000 on December 16, 2015 to the Plaintiff; KRW 10,000 on December 17, 2015; KRW 5,00,000,000 on December 17, 2015; KRW 15,000 on March 2, 2015; and KRW 30,000,000 on March 15, 200,000 among the parties.