1. The plaintiff's claim is dismissed.

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

Basic Facts

C Co., Ltd., the representative director of which is the defendant, (hereinafter referred to as “C”) shall develop and sell the air time.

The plaintiff is the representative director of D(D) corporation.

D agreed on October 2, 2014 that a total of KRW 500 million shall be invested in C, that a smoking room and toilet industry shall be guaranteed by C, and that a design project designated by D shall be guaranteed domestic and foreign sales rights.

On October 17, 2014, the Plaintiff transferred from the Plaintiff’s spouse’s account to the Defendant’s account a part of the investment amount of KRW 50 million.

【In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1 and 2, the plaintiff’s assertion of the purport of the entire pleadings, and the judgment on the plaintiff’s assertion that the plaintiff had already been granted sales rights to other distributors before the conclusion of the above agreement, and since products have failed to complete development, the plaintiff agreed to return KRW 50 million and KRW 3 million paid as design expenses to the defendant around May 5, 2015, with the knowledge that the right to exclusive sales pursuant to the above investment agreement cannot be guaranteed.

Therefore, the defendant is obligated to pay to the plaintiff 53 million won and damages for delay in accordance with the above return agreement.

It is insufficient to recognize that the Defendant agreed to return the said money to the Plaintiff as an individual qualification only with the descriptions of the evidence Nos. 3-1, 2, and 5-1, 3-2, and 5, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.