대여금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 4, Eul evidence 1, 6, and 7, and the purport of the whole pleadings);
A. The Plaintiff and the Defendant lived with the Plaintiff from around 2009 to around 2012, and maintained the same-sex relationship while living in the deposit house contracted by the Plaintiff.
B. On April 201, 201, the Plaintiff and the Defendant, during the same-sex relationship, engaged in a partnership business (hereinafter “C”), operated “C” after completing a business report in the name of the Defendant on April 4, 201, and the Plaintiff paid KRW 40 million to the instant Dong business start-up cost, and the Plaintiff was working at “C” in P.M. because he had worked as a pharmacy-related work, and the Defendant was in charge of preparing business such as open opening at P.M., and agreed to distribute profits to 5:5.
C. After that, the Defendant withdrawn from the instant trade relationship around July 2012, and the Plaintiff operated the “C” mixedly, and filed a report on the closure of April 8, 2013.
The Plaintiff transferred a total of KRW 7.8 million to an account in the name of the Defendant over three times from May 30, 201 to March 19, 2012, which had been in the same-sex relationship period.
2. The plaintiff's assertion and judgment
A. The plaintiff alleged that the defendant was obligated to pay the above KRW 20 million to the plaintiff later because he promised to pay the half of the establishment cost of the partnership of this case to the plaintiff later. However, there is no evidence to acknowledge that the defendant agreed to pay the above KRW 20 million later. Thus, the plaintiff's above assertion is without merit.
B. 1) The Plaintiff asserts that the instant partnership agreement constitutes a partnership under the Civil Act, and that members shall equally distribute profits and losses. Accordingly, in accordance with the foregoing legal doctrine, the Defendant shall bear the amount of KRW 20 million, half of the establishment cost of the instant partnership. 2) In the same partnership agreement as the partnership agreement, the Plaintiff may request dissolution of the partnership, withdraw from the partnership, or withdraw from the partnership.