1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2016, the original Defendant jointly invested funds to operate a restaurant with the name of “C” in the Philippines (hereinafter “instant restaurant”); the actual operation of the restaurant is in charge of the Defendant, and the profits accrued therefrom are divided according to the investment ratio (hereinafter “instant agreement”).

B. On November 2016, the original Defendant invested money in accordance with the instant business agreement and opened the instant restaurant, but there was an objection among the original Defendant regarding the operation of the restaurant and the distribution of profits. On October 19, 2018, the Plaintiff expressed his/her intent to demand oral settlement to the Defendant.

C. On March 30, 2019, the Defendant suspended the operation of the instant restaurant, and on June 26, 2019, reported the closure of business to the public offices of the Philippines.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 10, Eul evidence 17, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows.

“The Defendant had the obligation to distribute profits from the operation of the instant restaurant to the Plaintiff under the instant business agreement, but did not pay only once dividends. As such, the Defendant is obligated to pay the Plaintiff dividends that have not been paid during the operation of the restaurant. Moreover, the instant business agreement entered into by the original Defendant has the legal nature of the partnership agreement under the Civil Act. As the Plaintiff expressed his intent to withdraw from the partnership on October 19, 2018, the Defendant shall return the amount equivalent to the Plaintiff’s share out of the remaining joint property to the Plaintiff in cash. Since the sum of the amount of the dividends and settled payments to be paid by the Defendant is presumed to amount to KRW 373,207,339 that the Plaintiff paid to the Defendant as the Defendant’s contribution, the Plaintiff seek damages for delay from October 19, 2018, which is the date of withdrawal of the partnership.”