1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 3, 2015, B invested KRW 500 million to the Defendant, and 3 vessels D, E, F, etc. owned by the Defendant (hereinafter “instant vessels”) the Plaintiff’s representative director, B, and C, the Defendant, at the port of entry of the instant vessels, made the Defendant take up for five times in total, the amount of KRW 100 million to B, and thereafter, entered into an “Operation Fund Investment and Labor Agreement” with the content of distribution between B and the Defendant.

On February 12, 2015, the Plaintiff changed the contracting party from B to the Plaintiff on February 12, 2015, and entered into an investment and labor agreement with the same content as the above agreement, except for the change of the amount from won to U.S. dollars.

(hereinafter “instant contract”). The main content of the instant contract is as follows.

A. B (hereinafter referred to as the "B") and C (hereinafter referred to as the "B") having extensive experience in the trancing operations in terms of mutual trust and good faith, with the aim of minimizing the return on profit based on mutual trust and good faith, shall enter into an investment and labor contract as follows:

Article 1. Purpose and Time of Investment of Funds

1. For vessels (D, E, and F) under preparation for departure from port, Eul will invest the US$460,000 (US$460,000) from the departure to the first unloading of the said vessels.

2.Provided, That Eul shall use the oil, gear, corrosion, etc. of the above vessel for other expenses, not later than five (5) days prior to the departure of the vessel Gap, in support of the minimum US$280,000.

3. Also, at the request of B, verify the details of sales and the details of use of expenses to B immediately.

4. The first fishing shall be from February 6, 2015 to 11st of the same month;

Article 2 Operation and Management of Ships

1.B shall invest.