1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

. Facts of recognition.

A. On February 1, 2012, the Plaintiff received investment recommendations from the Defendant for a tourism business (hereinafter “instant business”) located in the Philippines, which is promoted by the Defendant, and paid 100 million won to the Defendant as the investment amount (hereinafter “instant investment principal”) between February 14, 2012 and February 15, 2012.

* The amount of investment under Article 2 (Investment Method), 10 million won, 15% of the monthly sales, 3 months after the completion date of short-term investment, * Article 4 (Running of Business), 2. The case where the Defendant does not initiate the progress of business from May 10, 2012, the Plaintiff may recover the amount of investment and where the progress rate of business progress under the business schedule is delayed by more than 50%.

(3) In the case of paragraph (2), the plaintiff may separately claim damages for the termination of the contract and the failure of the defendant to perform his duties.

* Guarantee of the principal of Article VI (Minimum Guarantee) 100%

B. On February 22, 2012, the Plaintiff entered into an investment agreement with the Defendant on the instant business (hereinafter “instant contract”). The key contents are as follows.

C. As the Defendant failed to properly carry out the instant business, the Plaintiff demanded the Defendant to return the invested principal of the instant case on May 2013, but did not delay the payment at the Defendant’s request. However, the Defendant failed to continue the instant business even thereafter, and the Plaintiff again demanded the Defendant to return the invested principal on February 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, and 8, the purport of the whole pleadings

2. Determination

A. According to Article 4(2) and (3) of the instant contract, where the Defendant did not commence the instant business until May 10, 2012 or where the progress ratio of the instant business is delayed by at least 50%, the Plaintiff may terminate the instant contract and claim the full return of the invested principal.