1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 19, 2007, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) with the content that the Defendant entrusted the Plaintiff with all rights related to the commercialization of the video and vegetable disease treatment substances being developed by himself and that the Plaintiff would raise funds for the production cost of the treatment substances (hereinafter “instant contract”).

B. The Plaintiff paid a total of KRW 123,300,000 to the Defendant from May 11, 2007 under the instant contract.

C. The Plaintiff asserted that he lent the above KRW 123,30,000 to the Defendant, and on October 30, 2008, the Seoul Central District Court Decision 2008Kadan8645 on the provisional seizure of real estate (hereinafter “instant provisional seizure”) regarding the Plaintiff’s share (49/53 shares) among the Plaintiff’s share (49/53 shares) in the Dong-si Seoul Central District Court 2008Kadan8645, and on March 25, 2009, filed a claim suit against the Defendant under the Seoul Central District Court 2009Gahap3292 (hereinafter “instant loan lawsuit”).

The Plaintiff withdrawn the instant loan lawsuit on September 16, 2009.

E. On November 28, 2013, the Defendant paid KRW 75,000,000 to the Plaintiff. On November 28, 2013, the Plaintiff rescinded the execution of the instant provisional seizure.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 2, 3, Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the party’s assertion 1) The Plaintiff withdrawn the instant loan lawsuit by mutual agreement to receive KRW 123,300,000 from the Defendant, and cancelled the execution of the instant provisional seizure. The Defendant paid KRW 75,00,000 to the Plaintiff separately from the above loan KRW 123,30,000. Therefore, the Defendant is obligated to pay the Plaintiff the said loan KRW 123,300,000 and the delay damages therefrom. (2) The Defendant agreed to receive KRW 75,00,000 from the Defendant to withdraw the instant loan lawsuit, and the Defendant paid the Plaintiff the said KRW 75,00,000,000.