1. The plaintiff's appeal is dismissed.

2. On the basis of the conjunctive claim added at the trial, the defendant is about 10 million won to the plaintiff.

1. Basic facts

A. On December 2003, the Plaintiff and the Defendant came to know one another while operating an entertainment tavern.

B. The Plaintiff and the Defendant: (a) sought a woman to work as an employee; (b) made a preparation for opening an entertainment tavern business; (c) during that process, the Plaintiff paid KRW 15 million to the Defendant in cash; and (d) paid a considerable amount of money under the pretext of other expenses

C. However, an entertainment tavern business was interrupted, and the Plaintiff demanded the Defendant to return funds invested, and there was a dispute between the Plaintiff and the Defendant.

During that process, the defendant issued a promissory note with face value of KRW 93 million on September 14, 2004, and the due date of payment on January 13, 2005, stating the payee, the plaintiff, the place of issuance, the place of payment, and the place of payment as Pyeongtaek-si, and delivered it to the plaintiff. A notary public notarized the said promissory note as No. 1560 on September 14, 2004, No. 2004.

On October 2010, the Plaintiff was investigated by an investigative agency due to suspected facts, such as “constition to and intimidation against the Defendant” in the latter part of 2004, and the investigation was suspended on the grounds that the Defendant’s whereabouts are unknown, and the investigation was concluded as a non-prosecution disposition (constition of evidence and the completion of the statute of limitations) after the investigation was conducted.

E. On December 22, 2010, in the process of the disposition of non-prosecution, the Defendant drafted a written agreement on compensation with the following contents to the Plaintiff.

Plaintiff

E. On February 13, 2004, the Defendant started a partnership business with A and entertainment tavern business. However, the Defendant suffered losses in full due to failure of business within 4 months after the opening of the business. Of the Plaintiff’s investment funds, the Plaintiff would be compensated for KRW 15 million out of the Plaintiff’s investment funds.

In addition, at the time of the progress of the project, I will confirm the details of the refund of deposit amount of KRW 20 million for 20 million for 20 million apartment bonds leased to D located in D, and will compensate the plaintiff separately from the investment deposit when it is confirmed that the plaintiff has not received it.

The repayment of investments shall be made in part from January 201 to August 201 of the same year.