1. The plaintiff's claims against the defendants are all dismissed.

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

1. The facts of recognition are as follows: (a) Defendant C is the Defendant B’s wife; (b) the Plaintiff, designated by Defendant C, remitted each of the KRW 5 million on January 5, 2017, KRW 25 million on February 1, 2017, and KRW 70 million on February 10, 2017, to Defendant B, respectively, and paid each of the KRW 10 million on February 10, 201.

② Around April 2017, the Plaintiff conspired with Defendant B and D, and the Plaintiff acquired the said KRW 70 million from the Plaintiff as an investment money in marina business, and filed a complaint against the said Defendants. However, on October 26, 2018, Defendant B and D received the disposition of non-prosecution (hereinafter “instant disposition of non-prosecution”) due to insufficient evidence from the prosecutor of the original district prosecutor’s office in the Changwon District Prosecutors’ Office (hereinafter “instant disposition of non-prosecution”).

③ On the other hand, on June 20, 2015, E Co., Ltd. (F of the Plaintiff’s actual operator) drafted a payment agreement (Evidence B; hereinafter “instant agreement”) stating that “The payment of KRW 230 million shall be made by September 30, 2015 with respect to security and security services, such as representatives of the G Housing Association, meetings of general meetings, etc.” (hereinafter “instant agreement”). Defendant B filed a lawsuit against the Plaintiff regarding KRW 135 million out of the amount of the instant agreement and damages for delay from October 1, 2015, and the said court rendered a favorable judgment against the Plaintiff on November 1, 2018.

In the first instance court, Defendant E’s assertion of repayment was rejected, and the appeal of Defendant E is continuing to be by the same court 2018Na62246.

[Ground] Facts without dispute, Gap 1, 2, 7 evidence, Eul 1, 4, and 5 evidence (including paper numbers, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion ① Defendant B and C conspired to take over and manage the sports horse business establishment from the beginning, as if they had no intent to do so, and they were aware of the intent to do so, by deceiving the Plaintiff, and by receiving a total of KRW 70 million from the Plaintiff as investment money. As such, Defendant B and C obtained such money from the Plaintiff.