1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

2...

1. Facts of recognition;

A. Around March 2013, C, the head of Seocho-gu Seoul Metropolitan Government (hereinafter “instant parking lot”) entered into an entrustment management contract with D to manage and operate the instant parking lot owned by the head of Seocho-gu Seoul Metropolitan Government (hereinafter “instant parking lot”) for two years from April 14, 2013.

B. Around March 2013, the Defendant received a proposal from C to the effect that “C has been entrusted with the instant parking lot operation right by the F Association,” and the Defendant proposed to make an investment in the instant parking lot to the Plaintiff around March 2013, and the Plaintiff transferred 100 million won to the Defendant on March 21, 2013.

C. On April 1, 2013, the Defendant entered into an entrustment contract with C to entrust the operation of the instant parking lot to the Defendant and three other (including the Plaintiff) (hereinafter “instant entrustment contract”). At that time, the Defendant transferred KRW 350 million to C as the leased amount, and operated the instant parking lot.

Meanwhile, the Defendant et al. filed a complaint with the purport that “A had 34 persons, including the Defendant, misrepresented the executive officers of the F Association, let the F Association operate the parking lot while holding the public parking lot awarded a successful bid by the F Association, or paid the proceeds therefrom, and defrauded the investment money of approximately 19.6 billion won.” On January 31, 2014, the Prosecutor died on August 20, 2014, and then the Prosecutor did not have the right to institute a prosecution against C on August 20, 2014 (the head of the Si/Gun/Gu Office in the District Public Prosecutor’s Office, the head of Si/Gun/Gu Office,

E. Upon the death of C as above, the first management contract of this case was terminated by only one year, and the defendant around March 2014, the head of Seocho-gu Seoul Metropolitan Government and the head of Seocho-gu entrusted management contract of this case to the defendant for two years from April 14, 2014 (hereinafter “the second management contract of this case”).