1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company running a coffee franchise business, etc., and the Defendant is a company running the dynas and the dynas manufacturing and sales business, etc.

B. On March 26, 2013, the Plaintiff and the Defendant entered into a business agreement with the Defendant on the content of providing technical assistance and consulting for bread, etc. On March 27, 2013, the Plaintiff invested KRW 100 million in the Defendant in relation to the establishment of the bread production plant, and the Plaintiff entered into a contract on the establishment of a factory with the content of refund measures within one month after the decision to refund money to the Plaintiff at an annual interest rate of 12% in relation to KRW 100 million in the event of the failure of the business or failure of the business.

C. As of March 38, 2013, C, the actual operator of the Plaintiff Company, and D, the actual operator of the Defendant Company, drafted a certificate of borrowing money, setting the amount of KRW 100 million as the borrowed amount, from March 28, 2013 to March 28, 2014 (1 year), and at 1.5% per month from the borrowed interest. The Plaintiff transferred KRW 100 million to the Defendant’s deposit account on March 28, 2013.

On July 31, 2013, the Plaintiff and the Defendant agreed on the settlement of rights and obligations upon termination. On November 23, 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 45 million according to the above settlement agreement with the Seoul Central District Court 2015Da536212, and the said court rendered a judgment accepting the Defendant’s claim on September 2, 2016, and became final and conclusive around that time.

[Ground of recognition] There is no dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 through 10 (including the serial number), witness D's testimony and the purport of the whole pleadings

2. The Plaintiff’s assertion as to the Plaintiff’s claim is the cause of the instant claim. As to the refund of KRW 100 million to the Defendant according to the contract for the construction of a factory, the Plaintiff’s failure of the said investment project was finalized after the lapse of four months from March 27, 2013, which was the time of conclusion of the said contract.