1. The defendant, from May 1, 2018 to December 21, 2018, committed against the plaintiff 590,000 People's Republic of China's Republic of China (hereinafter "the People's Republic of China").

1. Basic facts

A. On December 9, 2016, the Plaintiff entered into a contract on the transfer of shares by credit-based enterprises (hereinafter “instant contract”) under which the Plaintiff invested 1.5 million won in the People’s Republic of Korea and the Defendant is obligated to receive a transfer of 35% of shares in C engaged in the cosmetics business established by the Defendant.

Around that time, D, the Plaintiff’s seat, entered into a contract similar to the instant contract.

B. The Defendant, the Plaintiff, around December 13, 2016, remitted the 500,000 consolation money to the Defendant, and D, around January 5, 2017, respectively.

However, the defendant did not invest in the cosmetics business and did not convert C to the corporation.

C. The Plaintiff demanded the Defendant to explain the progress of the implementation of the cosmetics business, future plans, etc.

However, the Defendant refused the Plaintiff’s demand to return the investment money to the U.S.A., and the contact was interrupted around November 2017.

On the other hand, on August 8, 2017, the Plaintiff lent the proposal to the Defendant on the other hand.

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

2. Determination

A. As to the above 500,000 bill remitted by the Plaintiff, 1) The obligation performance of the Plaintiff is impossible, not merely an absolute and physical impossibility, but a case where the obligee could not expect the realization of the obligor’s performance in light of the experience rules or the concept of transaction in the social life (see, e.g., Supreme Court Decision 2000Da22850, Jan. 24, 2003). 2) The following facts are revealed through addition to the above basic facts and the entire purport of oral argument, i.e., ① the Plaintiff visited E Co., Ltd. with the Defendant’s introduction around August 2016, and entered into the instant contract upon soliciting investment from the Defendant after seeking an explanation of the method of business, market prospects, and anticipated profits. ② Article 1(2) of the instant contract provides the Defendant with the payment of 500,000 won to the Defendant and the foreign-capital invested company at the time of the change registration in China.