1. The plaintiff's claim is dismissed.

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

1. On May 11, 201, the Plaintiff asserts that he lent KRW 50 million to the Defendant on May 11, 201, and thus, according to the evidence evidence No. 1, the Plaintiff transferred KRW 50 million to the Defendant’s account under the name of the Defendant on May 11, 201, but it is insufficient to recognize that the above recognized facts and the evidence submitted by the Plaintiff alone are loans, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim for the loan is without merit.

2. Judgment on the conjunctive claim (claim for Refund of Investment Money)

A. The gist of the Plaintiff’s assertion entered into a partnership agreement with the Defendant, who carries on the mobile phone export business, and with B engaged in the mobile phone sales business in the Philippines, to purchase a medium and high smartphone in the Republic of Korea and export it to the Philippines and distribute profits therefrom (hereinafter “instant partnership agreement”), and invested in the Defendant by paying KRW 50 million to the Defendant for the purchase fund of high and medium smartphones.

However, Defendant and B filed a criminal complaint on July 13, 201 on the grounds that only part of the above money was used to purchase smartphones, and the instant trade agreement was terminated due to the failure of trust between partners, and thus, the Defendant is obligated to return to the Plaintiff the balance of the investment deposit held at that time as a distribution of residual property following the dissolution of a partnership and the amount of KRW 43,653,036.

B. Where the association is dissolved, there is no remaining business of the association. However, where only the date of distributing the residual property remains, each association member may, without undergoing separate liquidation procedures, request the association member to immediately distribute the residual property within the scope of the distribution ratio of his/her residual property. However, where the affairs such as collection of claims or repayment of debts which have been reverted to the association are not completed, the association is not required to do so.