1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. A. On May 19, 2008, the Plaintiff decided to invest KRW 33,00,000 in the above company upon the recommendation of the representative director E of D Co., Ltd. (hereinafter “Nonindicted Company”), and E and the Defendants prepared a written confirmation of investment in attached Form 1, and issued it to the Plaintiff.

B. On May 20, 2008, the Plaintiff transferred KRW 33,000,000 to the account of the non-party company.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 4 evidence, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The plaintiff asserts that since the defendants agreed to refund the plaintiff's investment money, such as the contents of the written confirmation of this case, the defendants should jointly pay the investment money and the damages for delay to the plaintiff.

The Defendants asserted that the contents of the instant confirmation form cannot be deemed to have agreed to return the principal of the investment amount, and even if the Defendants promised to return, the Defendants’ obligation to return was extinguished by the lapse of the five-year extinctive prescription period as commercial obligation.

B. In light of the language, details, etc. of the written confirmation of this case, it is reasonable to deem that the Defendants promised to return the investment amount that the Plaintiff paid to the non-party company by preparing the said written confirmation. Therefore, the Defendants are obliged to pay the Plaintiff the principal amount of KRW 33,00,000 and the damages for delay as claimed by the Plaintiff.

On the other hand, the following circumstances revealed from the above facts, i.e., the Plaintiff deposited KRW 33,00,000 in the name of the non-party company, a merchant, and the Defendants specified the Defendants as business operators in the instant confirmation document. In full view of the following circumstances, the Defendants’ obligation to return the investment amount is determined as commercial liability, and the principal amount was written in the instant confirmation document.