1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On October 2004, the Plaintiff concluded a partnership agreement with the Defendant to import, sell, and divide profits from their respective 50,000,000 won and then paid 50,000,000 won to the Defendant directly or by the Defendant’s account designated by the Defendant. After that, as the price of the market in China increases, the Plaintiff demanded the Defendant to return the above investment amount to the Defendant. The Defendant agreed to return the said investment amount to the Plaintiff by December 2004 but did not perform it until now, and the Defendant is obliged to pay the Plaintiff the investment amount of KRW 50,00,000 and delay damages therefrom.

Therefore, the testimony of the witness C and witness D of the first instance trial alone is insufficient to recognize that there had been an agreement between the Plaintiff and the Defendant on the return of investment money as alleged by the Plaintiff, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.