1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The Defendants are both D and D, respectively.

Basic Facts

The plaintiff (hereinafter referred to as "A") and D (hereinafter referred to as "B") shall enter into the following contracts with respect to projects for raising funds for the establishment of investment companies in the contract, based on mutual trust:

Article 1 Section A shall pay the progress expenses to Section B, and shall have Section B carry out the fund raising project affairs for a year and one month.

Article 2 Project Details

1. Ongoing costs: 350,000,000 Won for the effective period of this contract shall be from the date of the contract to the date of the completion of this project.

Article 5 Payment of Funds

1.B shall pay Gap total amount of KRW 8,000,000,000 created due to the nature and history of this project in 40 installments during the contract period.

2. A shall bear taxes on funds paid to A.

Article 6 (Obligation B) The full amount of the progress cost shall be refunded to A immediately, if it is not possible to distribute the first distributed amount to A within 90 days from the date of the contract.

The contract shall be in force from the date of the contract, and shall be prepared four copies of the contract for the evidence of this contract, and shall be kept in one copy, each of Gap, Eul, guarantor, and guarantor.

On April 15, 2009, Plaintiff B: A guarantor 1: Defendant B (Signature) guarantor 2: Defendant C (Signature) was requested by D to invest KRW 350,00,000 in D upon receiving an investment request from D to “investment company creation project” on April 2009. In this regard, the Plaintiff, D and Defendants drafted a contract with the following contents (hereinafter “instant contract”).

On the same day, the Plaintiff paid D KRW 350,000,000 to D pursuant to the above contract, and D did not distribute the first distributed amount to D even after the lapse of 90 days from the contract date.

The Plaintiff demanded D to return the full amount of its investment, and D to pay 8,000,000 won to the Plaintiff on August 31, 2012 until March 31, 2013.