1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. A. On October 2004, the Plaintiff and the Defendant agreed to lease and carry on the same business of the cranchi (hereinafter “the cranchi”) in which the Defendant was working.

Investment 10,000,000 won is borne by the Plaintiff, the actual operation is entrusted by the Defendant, and the distribution of profits was decided to be 1:1.

(2) The Plaintiff and the Defendant jointly invested KRW 100,000,000 in the initial investment capital and the Defendant entrusted the Defendant with the operation of the business partnership agreement (hereinafter “instant business partnership agreement”). However, according to the Plaintiff’s statement in the Plaintiff’s criminal proceedings, the above entry appears to be simply erroneous by promising the Plaintiff to invest KRW 100,000,000,000.

B. On October 1, 2004, the Plaintiff transferred KRW 50,000,00 to the Defendant out of the money under the instant trade agreement.

From January 1, 2005 to December 31, 2007, the Plaintiff and the Defendant leased and operated the automobile-scrapping of this case for three years, and began to run the automobile-scrapping business after changing the name of the business license of the automobile-scrapping of this case in the Plaintiff’s name.

C. The Plaintiff did not invest the remainder of KRW 50,000,000, out of the money under the instant trade agreement. However, upon the Defendant’s request, the Plaintiff loaned the operating fund to the Defendant for a short term on several occasions.

On the other hand, the Defendant: (a) on April 5, 2006, KRW 60,000,000 under the name of returning principal and distributing profits under the instant business agreement to the Plaintiff; and (b) on the same year.

8. The remittance was made on November 22, 2007, KRW 4,000,000, and KRW 4,000.

Upon the expiration of the lease period of the auto-scrapping of this case, the defendant returned the auto-scrapping of this case to the lessor on February 20, 2008, and registered the automobile-scrapping business in the name of E operated by the defendant in the city where he moved the place to the lessor on February 20, 208

(hereinafter referred to as “E-scrapping”);

The defendant, upon the plaintiff's request, 10.0% or around October 29, 2009 to October 30, 2009, under the name of distributing profits pursuant to the instant business agreement to the plaintiff.