1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion made an investment in the Defendant and C’s Green Energy Business, etc., but entered into an investment agreement with the Defendant and C to receive 100% or more of the investment amount as profit within six months, and remitted approximately KRW 450 million in total to the account under the Defendant’s name from September 18, 2015 to April 21, 2016.

Therefore, the defendant is obligated to pay the investment principal and profits to the plaintiff pursuant to the above investment agreement. The plaintiff is entitled to claim for the payment of 43,190,000 won which was not returned out of the above investment principal and damages for delay.

B. The Defendant’s husband C trades with the Plaintiff using his account in the name of the Defendant, and the Defendant did not have concluded an investment agreement with the Plaintiff.

2. The evidence presented by the Plaintiff alone is insufficient to recognize that the above investment agreement between the Plaintiff and the Defendant was concluded, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s above assertion based on this premise is without merit.

3. As such, the plaintiff's claim is dismissed as it is without merit.