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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff as the parties concerned is a company with the main purpose of the sale agency business, etc., and the Defendant is a company with the main purpose of real estate enforcement, agency business, etc., which is the agent business of the “D Regional Housing Association Construction Business” (hereinafter “D Regional Housing Association”).
B. On October 1, 2016, the Plaintiff and the Defendant entered into an investment contract with the Defendant on which the Plaintiff invested KRW 1,000,000,000, which is part of the capital stock of the instant business, and the Plaintiff would be granted all business rights related to sales agency, housing promotion center construction, advertising, and marketing. From September 29, 2016 to October 28, 2016 under the said investment contract, the Plaintiff paid KRW 1,080,000 in total to the Defendant four times as the investment fund of the instant business. 2) The Plaintiff entered into the instant housing service contract with the Defendant and D Regional Housing Association (hereinafter “instant promotion committee”) on October 18, 2016, under which each of the instant contracts was concluded with the Defendant to promote the recruitment of association members, to promote the housing sales agency, and to promote the construction of each of the instant housing construction contract, and to establish each of the instant housing service contract with the Defendant (hereinafter “Defendant 25, 2016”).
3) Meanwhile, from October 17, 2016 to January 31, 2017, the Plaintiff assumed a total of KRW 470,036,245 as the operating expenses of the public relations center. 4) The Plaintiff was refunded KRW 1,50,536,245 in total to the Defendant from December 12, 2016 to July 30, 2017 (= KRW 1,080,000,000, KRW 470,036,245 in total).
C. On October 31, 2016, the Defendant concluding a contract between the Defendant and the instant Promotion Committee for Fund Management by proxy (hereinafter “E”) with the instant Promotion Committee, E Co., Ltd. (hereinafter “E”).