1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 2010, the Plaintiff remitted total of KRW 29,000,000 (= KRW 26,000,000,000) on March 27, 2010, and KRW 26,000,000 on April 12, 2010, to the account in the name of C designated by the Defendant (= KRW 2,000,000,000).

B. The Plaintiff and the Defendant were supplied with D carried-over goods and agreed to operate a business to sell them to department stores, etc., and was established on March 26, 2010 and appointed as a joint representative for the purpose of textile, clothing, miscellaneous, manufacturing, processing, wholesale and retail business.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 3, entry of Eul evidence 1 to 3, purport of whole pleadings]

2. Determination:

A. The plaintiff's summary of the plaintiff's assertion is that the defendant received a carry-over product from F introduced by the defendant as a partnership business and sold it to the large retailer, and the defendant paid a sum of KRW 30,000,000 as a commission to the defendant. Since it is difficult to properly receive a carry-over product from F, the defendant agreed to receive a refund of KRW 30,00,000 from the defendant, but the defendant paid KRW 1,60,000 and did not pay the remainder of KRW 28,40,000. Thus, the defendant is obligated to pay the plaintiff the balance of the agreed amount of KRW 28,40,00 and delay damages.

B. In light of the above facts, around March 2010, the Plaintiff established E in order to operate a business of selling D carried-over products together with the Defendant and remitted total of KRW 29,000,000 to the account designated by the Defendant around that time. However, it is insufficient to find that the evidence submitted by the Plaintiff alone paid the above amount paid to the Defendant as commission fees or agreed that the Defendant would return it to the Plaintiff after the fact as alleged by the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is without merit.