1. The plaintiff's claim is dismissed.

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

1. The basic facts and the arguments of the Parties

A. On March 28, 2016, the Plaintiff (mutually Co., Ltd. Co., Ltd. prior to the alteration) and the Defendant, a sexual surgery doctor, concluded a joint agreement on the development of cosmetics and hospital-related businesses (the instant joint agreement) and paid KRW 500 million to the Defendant on the same day as advance payment for the development of cosmetics products, and the fact that the Plaintiff and the Defendant agreed to terminate the instant joint agreement around early 2017 does not conflict between the parties.

B. After the termination of the instant joint business agreement, the Plaintiff received KRW 100 million on March 2, 2017 under the Plaintiff’s name as the Defendant’s account, KRW 200 million on March 10, 2017, and KRW 200 million on March 14, 2017, respectively. Of which, in fact, the KRW 100 million deposited on March 2, 2017 was merely limited to the Plaintiff’s repayment to the Plaintiff, and thus, the Defendant is obligated to return the remainder of KRW 100,000 out of the advance payment to the Defendant.

C. The Defendant asserts that, after the termination of the instant joint venture agreement, the amount transferred to the Plaintiff’s account in the name of the Defendant is irrelevant to the Defendant, and the Defendant, on March 28, 2016, concluded the instant joint venture agreement with the Plaintiff, immediately after deposit of KRW 500 million in advance from the Plaintiff, withdrawn the said amount as a check and paid it to E who was actually employed as the Defendant’s internal director, which was already returned to the Plaintiff.

2. Determination

A. On March 28, 2016, upon which the instant joint project agreement was concluded, the Plaintiff deposited KRW 500 million into the Defendant’s F bank account. On the same day, the Defendant deposited this in five copies of KRW 100 million. The checks were deposited following the date into the H bank account of G Co., Ltd. (Electronic Commerce Company). (2) On March 28, 2016, E, which actually led the conclusion of the instant joint project agreement, was prepared and issued to the Defendant a letter of performance to the effect that the said KRW 500 million is received as the product development cost and publicity cost.