1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 20, 2015, the Plaintiff entered into a consulting agreement with the Defendant with respect to the Plaintiff’s investment in the stores of the 1st basement underground floor store in the name-dong department store (hereinafter “instant store”) and paid KRW 3 million to the Defendant.

B. On May 20, 2015, when the Plaintiff invested KRW 130 million in a non-party company, the non-party company entered into a consignment agreement with the non-party company, including the content that the operating profit (15% of the total sales of the preceding month and the minimum profit amount of KRW 4 million) shall be paid to the Plaintiff by operating the instant store, and the term of the contract shall expire on May 19, 2018 (hereinafter “instant franchise agreement”), and paid KRW 130 million to the non-party company on the same day.

On the same day, D, the actual manager of the non-party company and the non-party company, borrowed KRW 130 million from the Plaintiff and repaid the interest until May 20, 2018. The interest shall be paid at 25% per annum on the 15th day per month, and D, when the non-party company and the non-party company fail to perform their obligations as joint and several liability, he prepared and issued to the Plaintiff a notarial deed of a monetary loan agreement recognizing the non-party company’s no objection even if it

C. However, as the company was unable to conduct its business at the instant store due to the influence of the depression, etc., the company entered into a loan agreement with the Plaintiff on August 4, 2015 to pay KRW 130 million to the Plaintiff up to October 15, 2015. On the same day, the non-party company: (a) paid to the Plaintiff the interest calculated at the rate of KRW 130 million per annum from October 15, 2015 to 25% per annum; (b) paid a penalty of KRW 12 million to the Plaintiff until October 15, 2015; and (c) jointly and severally guaranteed the obligation under the loan agreement with the non-party company.

The plaintiff is the representative E, D, and the defendant's employee who has mediated the franchise agreement with the non-party company.