1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff’s account at around May 3, 2010, as the Defendant’s account, KRW 20 million, and the same year.

5.17. Minority: 15 million won, and the same year.

5. Around 20.20.5 million won was remitted.

B. The Defendant remitted KRW 40 million from the Plaintiff to the account designated by Nonparty C.

[Grounds for recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s major assertion (1) around May 2010, the Defendant recommended the Plaintiff to make an investment in C that the Plaintiff intends to operate the business in China.

(2) The Plaintiff and the Defendant agreed to the effect that “the Plaintiff shall invest in C, and the Defendant shall be responsible for the return of principal and the payment of profit from the Plaintiff’s investment.” The Plaintiff remitted KRW 40 million to the Defendant in relation to the investment.

(3) In accordance with the above agreement, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 40 million and delay damages therefor.

B. The fact that the Plaintiff, through the Defendant, remitted 40 million won to C through the Defendant is recognized as above.

In addition, according to the facts without dispute, the statements and images of Eul 1 through 6, and the purport of the whole pleadings, C has promoted the business including the operation of miscellaneous points in China, the plaintiff received the business plan, etc. prepared by C from the defendant, and the defendant has remitted money of KRW 40 million to the deposit account designated by C, respectively.

However, whether the Defendant agreed to the effect that “the Plaintiff shall be liable for the return of principal and the payment of profits to the Plaintiff’s investment amount,” is insufficient to recognize the Plaintiff’s investment amount as stated above, and there is no other evidence to acknowledge it.

3. The plaintiff's claim is dismissed as it is without merit.