1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is a certified architect, and the defendant was appointed as the representative director of C Co., Ltd. (hereinafter "C") on October 27, 2006.

On November 29, 2006, the Plaintiff invested KRW 150,000,00 in the name of operating expenses for the apartment construction project (hereinafter “instant project”) run in Jinju-si D (hereinafter “instant investment”) (hereinafter “instant investment”), and C and the Defendant agreed to prepare a loan certificate and return KRW 150,000,000 to the Plaintiff on December 9, 2006, and to pay the other profits.

On February 7, 2007, the Plaintiff and the Defendant confirmed the fact that the principal invested by the Plaintiff for the instant project is KRW 150,000,000, the dividend on the investment principal promised by C and the Defendant to pay KRW 150,000,000, and the penalty is KRW 50,000,000. The Plaintiff and the Defendant agreed that C and the Defendant shall pay the Plaintiff the sum of the Plaintiff’s investment principal, the dividend and the penalty (hereinafter “investment amount, etc.”) up to June 30, 2007, and the Plaintiff shall pay the Plaintiff KRW 350,000,000,000 (hereinafter “investment amount, etc.”) related to the instant project. If the Plaintiff fails to pay the said investment amount, the Plaintiff agreed to transfer all of the enforcement rights related to the instant project

(A) No dispute (Evidence 5). (No dispute exists, the Plaintiff’s assertion of the parties to the determination as to the respective entries in Gap’s evidence Nos. 1 through 5, and the grounds for a claim as to the purport of the entire pleadings, shall claim for the payment of KRW 20,000,000,000, which was paid on June 27, 2008 through E, through E, from among the investment amount of KRW 150,000,000,000, and the damages for delay, and the Defendant shall claim for the payment of KRW 130,000,000,

Judgment

As seen earlier, the Plaintiff, C, and the Defendant agreed to prepare a written agreement on February 7, 2007 and return the instant investment amount, etc. to the Plaintiff by June 30, 2007. It is obvious that the instant payment order was filed on July 24, 2017, when 10 years elapsed from that time.

Thus, the plaintiff's claim for the return of the investment amount of this case against the defendant is extinctive prescription.