1. All of the plaintiff's claims are dismissed.

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

The primary claim and the primary claim are to transfer KRW 143,00,000 to the Defendant for the purchase of 15,889 network from the Defendant, each of which the Defendant purchased from farmers, including C, in order to invest in the two-wave sales business at the Defendant’s recommendation. The Defendant kept the two-wave purchased on behalf of the Plaintiff.

The plaintiff returned 4,938 network and the remaining 10,951 network were kept by the defendant. On January 15, 2020, the defendant sold it without the consent of the plaintiff to D without permission.

Since the Defendant did not deliver 10,951 net to the Plaintiff, it is required to return KRW 142,464,00,000, calculated as 13,000 per market value at the time.

However, since the defendant has returned only KRW 90 million, the remaining KRW 52,363,00 should be returned as unjust enrichment.

Judgment

To recognize the primary claim, first of all, the plaintiff should be recognized that the plaintiff purchased 15,889 net from the defendant to 9,000 won per network.

However, since the fact that the plaintiff brought about the 4,938 network and the evidence submitted by the plaintiff alone are insufficient to recognize that point, the plaintiff's primary claim cannot be accepted without requiring further review.

Preliminary Claim and Judgment

A. Since the plaintiff and the defendant agreed to jointly invest in the two-wave business and distribute profits, the profits must be settled in proportion to the value of the investment.

Of the gross proceeds of the Plaintiff and the Defendant sold 2,00 won (=2,08 network x 13,00 won) (2,850 network x 13,00 won) (32,00 network x 100 won x 143:13:16,221 won (=393,794,00 won x 143±280), the settlement rate of the Plaintiff’s share is 201,116,221 won).

The Plaintiff had already received KRW 154,194,00 [2,08 network x 13,000 won] (2,850 network x 13,000 won). Therefore, the Defendant should pay the remainder of KRW 46,922,221 to the Plaintiff.

B. The Plaintiff and the Defendant alone are the evidence submitted by the Plaintiff.