1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 3, 2010, the Plaintiff deposited KRW 25 million with the account under the Defendant’s name (hereinafter “instant investment”) with the investment money related to the establishment of a stock company D, which is scheduled to engage in the MDF and PB joint sales and sales business using closed households. On November 12, 2010, the Plaintiff, as a promoter of D Co., Ltd, acquired the total number of 70,000 shares (5,00 won per share) out of the total number of shares issued (5,00 won per share) and became a shareholder of D Co., Ltd.

B. On March 1, 2011, the Plaintiff promised to pay to the Plaintiff the principal and interest of KRW 25 million by March 31, 2012 with C (after the name of the representative director of D) who is the Plaintiff Company, by March 1, 201, the Plaintiff promised to pay to the Plaintiff the principal and interest of KRW 25 million until March 31, 201. The Plaintiff’s certificate of borrowing (hereinafter “the certificate of borrowing”).

C and the Defendant signed as joint and several sureties at the bottom of the instant loan certificate. [The facts that there is no dispute over the grounds for recognition, the entries in Gap’s 1 through 3, Eul’s 1 through 4, and 6 through 8, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The Plaintiff asserted that: (a) around September 2010, the Defendant, etc., known to C through the introduction of C, received business explanation and recommendation related to the establishment of D Co., Ltd.; and (b) deposited KRW 25 million into the Defendant’s account under the name of the Defendant; and (c) thereafter, (d) received 1750 shares of D Co., Ltd.

However, MDF and PB joint sales business using closed-end households, which were originally scheduled in D, did not enter the test production due to lack of funds, and the defendant, the actual operator of D, decided to change D's main business into the export packing business using its original title.

Accordingly, the Defendant promised to give up the shares to the investors, including the Plaintiff, F and G, and to return the investment amount at the temporary shareholders' meeting held on February 13, 2011, while the Defendant changed the main business of D as above.

After that, the plaintiff et al.