1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. The fact that the Plaintiff remitted to the Defendant the sum total of KRW 210,00,000,000 on September 4, 2014 and KRW 200,000,000 on September 23, 2014 (hereinafter “the instant remittance amount”) is not a dispute between the parties.

2. Determination as to the cause of action

A. 1) In the light of the purport of the Plaintiff’s assertion, the Plaintiff lent the above KRW 210,000,000 to the Defendant, and the Defendant is obligated to pay the Plaintiff KRW 210,000,000 and the delay damages therefrom. Preliminaryly, the above KRW 210,000 is not a loan, but a consignment operation project for the instant on-site restaurant (hereinafter “on-site restaurant operation project”).

(2) Even if an investment is made under the pertinent business agreement, the above business was practically impossible, and the Defendant did not perform its investment obligation, and the ratio of loss is equal unless otherwise agreed. As such, the Defendant is obligated to return to the Plaintiff the amount of KRW 110,000,000 [=10,000,000 (=200,000 x 1/2) unused investment amount x 1/2) as settlement money following the termination of the business agreement. The Defendant’s summary of the Defendant’s assertion and the Defendant are operating business of the instant field restaurant around September 2014. The Plaintiff invested 20,000,000,000 in early investment amount, and the Defendant agreed to take charge of additional food materials, facilities, and equipment necessary for operating the above field restaurant, and accordingly, the Defendant cannot transfer the amount of KRW 20,000 in total to the Defendant as the Plaintiff’s investment amount constitutes a total of KRW 100,000.

B. In light of the following circumstances, the amount of the instant remittance, which is acknowledged by comprehensively taking into account the following circumstances: (a) determination of the foregoing basic facts; (b) written evidence Nos. 1, 3, and 4; and (c) the party’s personal examination result and the overall purport of the pleading against the Plaintiff at the trial.