1. The plaintiff's claim is dismissed.

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

1. On September 25, 1997, the plaintiff company entered into a sales contract to purchase approximately KRW 20 billion of land Jung-gu Incheon Metropolitan City E and paid KRW 2 billion as down payment between the non-party C and D on September 25, 1997, but the above sales contract was terminated thereafter. On October 23, 2003, the plaintiff company decided to delegate a civil lawsuit claiming the return of the down payment KRW 2 billion to the defendant and paid KRW 66 million under the pretext of the start payment (including value-added tax).

(hereinafter referred to as “instant delegation contract.” However, on May 4, 2006, the Defendant brought a lawsuit claiming the return of down payment against C and D (hereinafter referred to as “instant down payment return lawsuit”) with the court No. 2006Gahap38531 (hereinafter referred to as “instant contract”).

Ultimately, the above delegation contract has become impossible due to the defendant's cause attributable to the defendant, and the defendant is obligated to return the above 66 million won which was paid to the plaintiff company as the starting money due to the cancellation of the contract.

2. Determination:

A. We examine whether the instant delegation contract as asserted by the Plaintiff Company exists, and accordingly, the amount of KRW 66 million has been dry under the pretext of starting money.

(1) According to the overall purport of the pleadings, the testimony of the witness F as stated in the evidence Nos. 2-1 to 3, 5, and 6, and each of the evidence Nos. 2-1 to 3, 5, and 6, and 66,000 won was paid to the Defendant on October 23, 2003 from the bank account under the name of G Co., Ltd., which is closely related to the Plaintiff Company.