1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff and Defendant B’s partnership agreement entered into between May and June 2016 (hereinafter “instant partnership agreement”) to the following purport:

(2) On June 14, 2016, the Plaintiff transferred the amount of KRW 80 million to Defendant D’s account designated by Defendant B (hereinafter “instant investment amount”) to Defendant D’s account as investment in the instant business agreement, namely, “the Defendant shall supply the Plaintiff in Korea by developing and manufacturing women’s shoes, and the Plaintiff sells women’s shoes received from the Defendant via online off-line market, and distributed half the profits remaining after deducting various expenses from the sales proceeds.”

B. The Plaintiff’s criminal complaint case against the Defendants 1) The Plaintiff filed a criminal complaint against the Defendants as fraud. The content of the complaint is that “The Defendants did not have any intent or ability to develop, manufacture, and supply women’s correspondence in China even if they engaged in the business of manufacturing and selling women and receive investments from the Plaintiff. Nevertheless, on June 2016, Defendant B made a false statement with the same content as the instant trade agreement to the Plaintiff at the Plaintiff’s office located in the first place of residence in the Chinese colonial era. On June 14, 2016, the Defendants belonged to the Plaintiff and acquired the instant investment amount of KRW 80 million from the Plaintiff to the account in the name of E designated by Defendant D from the Plaintiff on June 14, 2016.” The Incheon District Prosecutors’ Office issued a non-prosecution disposition against the Defendants regarding the instant crime of fraud on January 20, 2017.

The main reason seems to be that Defendant B actually produced a part of new works, such as sending a new design to the Plaintiff, discussing it, sending a new sample and sending an additional new work.

Defendant B’s failure to comply with the commitment on the date of delivery to the Plaintiff, thereby resulting in losses or remaining amount of investment not recovered.