1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

1. Facts of recognition;

A. The Plaintiff was a member of the dance group “E”, which was active from 1997 to 2000, and the Defendant is a film producer who, around May 21, 199, established the film producer I, a film producer, and produced the film “J”, etc.

B. The plaintiff sought film contributions to allow AD to live in the entertainment community, and was introduced G supervision through the author, and G recommended the "L" scenario with which K supervisor, who was his supervisor, and proposed that the plaintiff would develop scenarios on condition that D's main contribution was made, and that he would provide planning and development costs.

C. On December 2012, 2012, the Plaintiff heard the Defendant’s statement to the effect that “D will contribute to the film that has developed the scenario as its main source, and, at the development cost, 50 million won may be lent, but at the time of entry of the investment amount, it may return it or participate in the investment shares.” The Plaintiff paid each of the Defendant the amount of KRW 10 million to the Defendant on September 5, 2003 (transfer to the national bank accountF in the name of each of the Defendant), and KRW 10 million on November 28, 2003 (direct delivery).

From around 2002 to 2003, the Defendant commenced a scenario development and planning work for the production of motion pictures by K supervisor and D, and revised the first plan to "C" dealing with M and N NN's commercial games, and continued to prepare a plan plan for attracting production costs in the amount of KRW 2.6 billion for D non-production and production costs. However, even though it did not find investors up until then, the Defendant maintained the status that he did not enter the motion picture production.

E. Around December 2004, the Plaintiff expressed to the Defendant that D had no intention to make a contribution to the said film, and the Plaintiff sent a peremptory notice stating that the Plaintiff would return KRW 70 million paid by the Plaintiff (hereinafter “the instant money”), and that on December 20, 2012, the Plaintiff would return the instant money to the Defendant by December 30, 2012, and that “the Plaintiff would return the instant money KRW 70 million to the Defendant.” The peremptory notice is issued on December 20, 2012.