1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a corporation established on May 17, 201 for the purpose of soliciting and operating coffee franchise, coffee-related equipment, food materials wholesale and retail business, etc.

B. On May 22, 2017, the Plaintiff paid KRW 100,000 to the Defendant, and received 400 shares equivalent to KRW 20,000 (one share price: KRW 5,000) out of the shares issued by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, while paying KRW 100,000 to the Defendant, lent KRW 98,00,000 excluding KRW 2,000,000 among them (=5,000 x 400 x 400). As such, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 98,00,000 and the delay damages therefrom.

B. The Plaintiff, in collaboration with the Defendant C and 4, invested KRW 100,000 per investor when establishing the Defendant, and allocated shares by setting capital of KRW 10,000,000 for each investor, and used the amount exceeding the above capital as the Defendant’s operating expenses, and did not lend the above money to the Defendant. Thus, the Plaintiff’s claim cannot be complied with.

3. In full view of the following circumstances acknowledged by the evidence mentioned above as well as the evidence stated in the evidence Nos. 3 and 21 as well as the purport of the entire pleadings, it is insufficient to deem that KRW 98,000,000, out of KRW 100,000 paid to the Defendant, was a loan, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim is rejected on a different premise. A.

After having agreed to jointly establish the Defendant, the Plaintiff, C, D, E, and F (hereinafter “Plaintiffs, etc.”) remitted each of KRW 100,000,000 to the Plaintiff’s account in the name of the Plaintiff. Of the total of KRW 500,000,000, the amount of capital of KRW 10,000 (per share amount: KRW 5,000, total of KRW 2,000) was determined, and the Defendant was allocated each of KRW 400 (stock value of KRW 2,00,000) equivalent to 20% of the total number of shares issued after establishing the Defendant.

However, the plaintiff et al.