1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the purpose of selling food treatment machinery wholesale and retail, collecting and transporting food wastes, etc.

Defendant C is the actual operator of the Defendant Company.

B. Around October 2015, the Plaintiff and Defendant C agreed that the Plaintiff will take profits, excluding the cost of treating food wastes, using the vehicle for collecting food wastes in the name of the Defendant Company and using the vehicle for collecting food wastes in the name of the Defendant Company.

C. On October 23, 2015, the Plaintiff transferred KRW 85,30,000,000 to D’s account, a representative director of the Defendant Company, including KRW 40,00,000,000 and KRW 45,5,33 million on February 29, 2016.

The Defendant Company purchased food waste collection vehicles from the funds received from the Plaintiff, and the Plaintiff used the said vehicles to conduct food waste collection business mainly for schools from March 2016.

E. The Plaintiff discontinued food waste collection business around April 2016, with little profits.

[Reasons for Recognition] The entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. A. Around May 2016, Defendant C agreed to accept the Plaintiff’s request to reverse the Plaintiff’s investment contract with the Defendant Company and return the amount of KRW 85,30,000 to the Plaintiff.

The Defendants are jointly and severally liable to return the investment amount to the Plaintiff pursuant to the agreement.

B. Defendant C promised to compensate for damages arising from tort and return unjust enrichment arising from the cancellation of an investment contract (preliminary) to pay 50% of the revenues from the disposal of food wastes to the Defendant Company’s disposal cost, and the remainder 50% of the revenues from the disposal of food wastes to the Plaintiff. In fact, the Plaintiff did not have any profit distribution at all.

This is that Defendant C deceivings the Plaintiff, and the Plaintiff cancels its intent to make an investment to the Defendant Company on the ground of fraud or mistake.

Defendant C shall be liable for damages caused by tort, and the Defendant Company.