1. The plaintiff's claim is dismissed.

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

Facts of recognition

On March 30, 2016, the Plaintiff and the Defendant entered into a joint investment contract (hereinafter “instant investment contract”) as follows with respect to the development project of the G in Sung-si.

Article 1 (Purpose) The purpose of this Agreement is to make joint investments with the Plaintiff in connection with the Plaintiff’s business and to distribute profits accruing from such business.

Article 2 (Definitions) The term "investment" means that the defendant pays the agreed investment money for the plaintiff's development project and collects a certain rate (25%) of the profits from the development project as the investment return.

Article 3 (Investment Funds) In accordance with this Agreement, the Defendant shall invest KRW 200 million in cash, and the funds shall be deposited into the Plaintiff’s designated account by March 31, 2016 according to the development plan for the development project.

Article 4 (Apportionment of Affairs) The plaintiff shall perform all the affairs related to the overall management of the development project, and the defendant shall undertake civil works and construction works for the development project.

The Defendant paid KRW 200 million to the Plaintiff on March 31, 2016.

Afterward, the Defendant, from June 1, 2016 to September 12, 2016, prepared and submitted to the Plaintiff “field work details” stating the work details and cost by day while managing the said site, and invested C, etc. into civil engineering works for the said development project.

The Defendant received a trading statement from F in the name of “E” operated by the Defendant, and received a trading statement from G in the name of “G” from “F engaged in the concrete manufacturing business” between D and D engaged in the construction machinery rental business, and received a tax invoice from “G” corporation.

The Plaintiff and the Defendant rescinded the instant investment contract on December 24, 2016 due to infertility, and the Plaintiff returned the amount of KRW 200 million to the Defendant, and paid KRW 33 million as the investment income on April 7, 2017.

On April 6, 2017, the Plaintiff issued a tax invoice of KRW 22,600,000 to the Defendant.