1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

1. Basic facts

A. On January 16, 2004, the Plaintiff and the Defendant transferred KRW 110 million to the account of the non-party company KRW 650 million, and KRW 20 million to the non-party company in order to invest in the apartment sales business conducted by the non-party company D (mutual company E before the alteration; hereinafter referred to as the "non-party company").

B. On December 15, 2004, the Defendant allocated 5,200 shares out of 20,00 shares of the non-party company, G, the representative director of the non-party company, and C, the actual operator of the non-party company, were allocated 4,90 shares, and 1,940 shares, respectively.

C. In order to recover the above KRW 110 million invested in the non-party company, the Plaintiff filed a lawsuit against G and C seeking payment of the above amount under the Seoul Central District Court 2008Gahap70812, and received a ruling of recommending settlement on November 13, 2008, stating that “G and C shall jointly and severally pay to the Plaintiff KRW 110 million and delay damages,” and the above decision was finalized around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion 1) around January 2004, the plaintiff heard that "a person who is the largest shareholder shall return the principal within three months if he/she invests in the sales business of the non-party company, which is the largest shareholder, and 5-10 times the principal amount with profits after the sale." On January 16, 2004, the plaintiff remitted KRW 110 million to the non-party company's account designated by the defendant. However, since the defendant conspired with the above C, he/she is in violation of the Act on the Regulation of Unauthorized Receipt of Claims, and thus, he/she is jointly and severally liable to pay the plaintiff the above KRW 10 million and delayed payment damages to the plaintiff. 2) The plaintiff remitted the amount of KRW 110 million to the non-party company on January 16, 2004 to invest in the non-party company's business for sale in the non-party company's business, as seen above, and in full view of the purport of the plaintiff's statement and the whole arguments.