The plaintiff's main claim and each conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

Article 1 (Investment Obligations) A (Defendant) and B (Plaintiff) invested 50% of the capital required for management D, respectively.

Accordingly, Eul deposited KRW 120,000,000 to Gap.

Article 2 (Business Management Obligations) A and B shall commence the operation of D on July 10, 2015 with the obligation of a good manager and shall manage all the property of D in good faith.

Article 3 (Distribution of Profits) The sales of the last day of each month shall be settled, and the distribution of the remaining net profits shall be implemented at 5:5 by settling the details of the 10th day of the following month's monthly salary, food materials, various subsidiary materials, and other expenses necessary for the operation.

Article 5 (Liability for Loss) A and B shall bear 5:5 loss when they have suffered loss due to the management of the above business.

Article 6 (Right of Monitoring of Business) A and B shall, at any time at the request of the other party, present in writing the matters concerning the interest and the accounting data on the business and transactions, and report on the matters concerning the overall business.

Section 7 (Term of Contract) This Agreement shall continue to exist, except in special circumstances, and any contract shall be extended if the lease of D in C is maintained after the lapse of five years after the expiration of the term of lease, unless the other party objects thereto.

Article 8 (Right to Termination of Contract) Where A and B do not want joint management, the contract may be terminated in consultation with each other after setting a period of prior notice between three months.

Special agreement items: If the contract is terminated and transferred, the outstanding amount, public charges and other amounts shall be deducted, and Gap and Eul shall be divided to 5:5.

On July 1, 2015, the Plaintiff and the Defendant entered into a partnership agreement with the following contents, and around July 2015, the Plaintiff and the Defendant joined and jointly operated the same restaurant with the trade name “D” in Gwangju City.

B. The Plaintiff paid KRW 120,00,000 to the Defendant as an investment under the partnership agreement before and after the conclusion of the above partnership agreement, and the Plaintiff and the Defendant around March 2015.