1. The Defendant’s KRW 60,000,000 as well as the annual rate of KRW 5% from September 5, 2015 to November 8, 2017 to the Plaintiff.

1. The fact that: (a) around September 2014, the Plaintiff and the Defendant agreed to make an investment in mushroom farming projects promoted by the Defendant and to receive the distribution of profits therefrom (hereinafter “instant investment agreement”); (b) the Defendant, on September 26, 2014, remitted the total amount of KRW 18 million to the Defendant as investment money, KRW 60 million on October 30, 2014; (c) there is no dispute between the parties; or (d) the written evidence No. 2; and (d) the purport of the entire pleadings as a result of the submission of an order to submit financial transaction information to the Gangwon Agricultural Cooperative Co., Ltd. by the lower court.

2. Judgment on the Plaintiff’s assertion on revocation of the fraud of the instant investment agreement

A. The summary of the Plaintiff’s assertion is that the Defendant, even though there was no intent or ability to cultivate mushroom and distribute the proceeds therefrom to the Plaintiff, deceiving the Plaintiff, thereby deceiving the Plaintiff, which is a sum of KRW 60 million from the Plaintiff as the investment funds for mushroom farming business.

Accordingly, the plaintiff revokes the investment agreement of this case by delivering a copy of the complaint of this case on the ground of the defendant's deception. The defendant is obligated to pay to the plaintiff 60 million won, which the plaintiff remitted to the plaintiff due to the return of unjust enrichment due to the cancellation of the investment agreement of this case or compensation for damages due to the

B. We examine whether the Defendant deceivings the Plaintiff as alleged by the Plaintiff regarding the instant investment agreement.

The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant, even though there was no intent or ability to cultivate flowerss or lingling mushrooms from the beginning to distribute the proceeds therefrom to the Plaintiff, deceiving the Plaintiff as if he had such intent or capacity, and there is no other evidence to acknowledge this otherwise.

Rather, according to the evidence Nos. 3 and 11 of the evidence Nos. 11, the Plaintiff filed a complaint with the Defendant for fraud, alleging that the Defendant acquired a sum of KRW 60 million from the Plaintiff as a total of the investment funds for mushroom growing, but the Gwangju Regional Railroad Office.