1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion was made by the Defendant with a verbal promise from the Defendant that “The amount of KRW 50,000,000 shall be KRW 2,00,000,000 for three months, and shall be paid as profits, excluding the profits accrued from the place of business after three months.” If the business operation is difficult, the Plaintiff invested KRW 50,00,000 in the Defendant.

The Plaintiff notified the Defendant that it is difficult to operate the house situation (purchase of a house) and the business operation (entrusted operation to the Defendant). The Plaintiff recovered only KRW 34,00,000 out of the principal of the investment.

The defendant shall seek the payment of 16,000,000 won in the balance of the investment deposit and damages for delay.

B. The other party who entered into an investment contract with the Defendant is not the Defendant’s individual but the Defendant’s corporation C (hereinafter “C”).

The plaintiff invested in C's 4DD projects.

2. Facts of recognition;

A. The Plaintiff and the Defendant were aware of the workplace rent.

The defendant acquired management rights of C around August 2012 after withdrawing the above workplace.

B. On April 9, 2013, the Plaintiff deposited KRW 50,000,000 in C’s account, and KRW 50,000,000,000 in total, on May 16, 2013.

C. From May 20, 2013 to December 20, 2013, the Plaintiff was paid KRW 15,472,000,00, totaling KRW 1,934,00, income tax was deducted from KRW 3.3% each month from May 20, 2013 to KRW 20,00.

The Plaintiff requested the Defendant to repay the investment amount on the ground of the circumstances of the collective plan, etc.

C From April 15, 2014, KRW 30,000,000, KRW 33,000,000 on August 8, 2014, and KRW 1,000,00 on December 5, 2014, were paid to the Plaintiff.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 3, Eul evidence 1-1 through 14, and 2-1, the purport of whole pleadings]

3. We examine the following circumstances, i.e., the overall purport of the evidence duly admitted and the facts charged.