1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff wired C’s account KRW 5 million on June 21, 2013, KRW 10 million on the 28th of the same month, KRW 15 million on July 9, 2013, and KRW 30 million on the aggregate.

B. On July 2, 2013, the Defendant Company was established for the manufacture of coffee materials, wholesale and retail business, franchise business, etc., and the said C is the representative director of the Defendant Company.

[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleading

2. Determination on the cause of the claim

A. (1) Around June 2013, the Plaintiff’s assertion (1) as C’s agent, prepared for the establishment of a company of Furaf, as the Plaintiff’s agent, and received proposals from 7 investors, including the Plaintiff, who invest 30,000 won in each of the 30,000 won, that the Plaintiff may jointly manage the company and share.

(2) Accordingly, the Plaintiff first lent 30 million won to the Defendant, and the Plaintiff decided to convert 30 million won into the investment amount upon confirmation of the investment conditions. As above, 30 million won was remitted to C’s account.

(3) After the establishment of the Defendant Company, on September 6, 2013, the Plaintiff Company opened an investor meeting to determine whether to conclude an investment contract, and D also agreed that D cannot make an investment under the said condition, citing the terms different from the initial investment terms and conditions.

(4) On the 27th of the same month, the Plaintiff and the Defendant’s agent confirmed that one-time investment contract was non-existent, and D agreed to return loans of KRW 30 million to the Plaintiff from the beginning of October 2013 to November 30 of the same year.

(5) Therefore, the Plaintiff seek payment of damages for delay from the date following the date agreed upon with the Defendant as the date of the final return for the above loan amounting to KRW 30 million until the date of full payment.

B. Defendant’s assertion (1) The Plaintiff did not lend the above money to C or the Defendant not yet established.

(2) The Plaintiff, along with other investors for the establishment and operation of the Defendant Company, remitted the money as above to investments, did not prepare an investment agreement, and was not registered as a registration director.