1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On November 22, 2010, the Plaintiff heard that the Defendant’s representative director C is guaranteed the principal of the investment and that additional profits may be received according to the number of visitors. On November 22, 2010, the Plaintiff invested KRW 50 million in the production cost of motion picture “D” that the Defendant was planned to produce. (2) around December 2010, C confirmed that the Plaintiff’s representative director E may not only the principal of the investment but also receive profits.

3) Around December 9, 2014, around August 2014, C agreed with the Plaintiff to pay the full amount of the Plaintiff’s investment principal by August 2016. Accordingly, the Defendant is obligated to pay the Plaintiff the investment amount of KRW 50 million and delay damages therefrom.

B. Defendant 1) The Plaintiff’s failure to show the film produced by the Plaintiff, and the Defendant suffered a significant loss to the extent that it is insufficient to cover the distribution cost, etc. to be preferentially deducted pursuant to the investment contract between the Plaintiff and the Defendant. 2) C said that joint investors would be paid to F, and that “where film profit is generated from the following film, it shall be paid as a little amount.” However, the Plaintiff’s assertion that it would guarantee the principal without any conditions, such as the Plaintiff’s assertion.

2. Determination

A. According to the statement in subparagraph 1 (investment contract) of Eul, a contract concluded between the plaintiff and the defendant is a typical investment contract in which their respective shares are set, and the film sales amount shall be deducted from distribution costs, etc., and the remainder shall be appropriated to the investment principal in accordance with the defendant's shares ratio. There is no evidence to acknowledge that the sales amount of the film produced by the defendant exceeds the distribution costs, etc. to be deducted preferentially as above.

B. Meanwhile, apart from the above investment contract, the Plaintiff stated that C, the representative director of the Defendant, would pay the investment principal over several times to E, the representative director of the Plaintiff. Thus, the Defendant, regardless of the amount of sales of the film, shall pay the Plaintiff’s investment principal.