2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On February 2017, the Plaintiff and the Defendant agreed to jointly invest in the proportion of 1:1 and operate the restaurant as a partnership business.

(B) The above partnership relationship is referred to as "the partnership relationship of this case" from the following day:

The Plaintiff and the Defendant around that time acquired a restaurant operated by C with the trade name “E” from the first floor of the underground floor of the building located in Bupyeong-gu Incheon in Bupyeong-gu, Incheon, at KRW 230 million, and opened a restaurant (hereinafter “instant restaurant”) with the trade name “F” registered as a business entity on March 21, 2019.

C. The Defendant paid C a total of KRW 115 million, including KRW 50 million on February 28, 2017, KRW 50 million on March 30, 2017, KRW 50 million on July 7, 2017, and KRW 15 million on July 1, 2017.

The Plaintiff, instead of actually paying KRW 15 million to C, borrowed the said money from C to three copies of interest.

On July 21, 2017, the Plaintiff repaid KRW 30 million to C with the money borrowed from Dong G.

(A) Around July 15, 201, the date and time when H transferred KRW 25 million to C by means of a loan of alcoholic beverages, and KRW 20 million from Moh H, is not considered as an investment, and there is no evidence to prove that H paid KRW 20 million as an investment, prior to the conclusion of the instant club business agreement, as the date and time when H transferred to C by means of a loan of alcoholic beverages of KRW 25 million.

The Plaintiff and the Defendant agreed to organize the instant club business relationship around July 2018, which resulted in conflict and dissatisfy in the restaurant operation method.

E. On March 28, 2020, the Defendant disposed of the restaurant of this case without premium, and received 13,368,389 won from the deposit less overdue rent, management fee, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7, Eul evidence 1 to Eul evidence 7, the whole purport of pleading

2. Assertion and determination

A. (1) After the termination of the Plaintiff’s partnership relationship, the Defendant invested 25 million won for the restaurant opening business.