1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 29, 2010, the Plaintiff deposited KRW 50 million in the instant investment account under the name of the Defendant.

B. On March 1, 2011, the Plaintiff promised to pay KRW 50 million to the Plaintiff by March 31, 2012 between D (after the name of the representative director of C, a corporation, and D (E).

The payer Co., Ltd. prepared the instant loan certificate stating “D representative director D,” and D and the Defendant signed it at the bottom of the instant loan certificate as joint and several sureties, and the Plaintiff did not separately lend KRW 50 million to C in addition to the instant loan certificate on March 1, 2011.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1: (a) around September 2010, upon receiving the establishment and business explanation of C and investment recommendation from the Defendant, F, etc., known to D through D’s introduction, the Plaintiff deposited KRW 50 million into the Defendant’s account on October 29, 2010; and (b) C was established on November 12, 2010.

However, the original scheduled business of C was not run properly, and the defendant, who is the actual operator of C, decided to change the main business of C.

Accordingly, the Defendant promised to give up the shares of C to investors, including the Plaintiff, G and H, and to return the investment amount at the temporary general meeting of shareholders held on February 13, 2011.

After that, on March 1, 2011, investors, including the Plaintiff, prepared the instant loan certificates, etc. from the Defendant and D, and delivered the written waiver of shares to the Defendant via D.

Therefore, investors such as the plaintiff transfer the shares of the company C to the defendant, and the defendant is the actual principal debtor or share purchaser in a separate qualification from the company C and is the investment amount as the acquisition price of the shares of the investors such as the plaintiff.