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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant invested 50% of their common shares in the cosmetic of D2 stories in Busan Young-gu, and entered into a club business agreement with the content that the Plaintiff intends to operate the cosmetic (hereinafter “instant agreement”) and the main contents of the agreement are as follows.
1) The registration of the business of the above beauty room shall be made in the name of the defendant, and the lease contract of the above beauty room shall also be made in the name of the defendant. 2) The plaintiff and the defendant shall make an investment in the way that the total amount of the expenses required for the joint business of this case is determined in advance and 50% of the total amount shall be deposited
3) Before the conclusion of the instant agreement, the Plaintiff and the Defendant recognize the value of the business rights, facilities, and equipment invested and operated by the Defendant in the main store as KRW 50 million, and the Plaintiff recognizes the said amount as part of the entire amount of investment in the instant joint project, and pay it to the Defendant in the bank account of the instant joint project. The Defendant already invested and managed the said beauty room business rights and facilities and equipment in the instant joint project shall be jointly owned by the Plaintiff and the Defendant, respectively, by transferring the said beauty room business rights and facilities and equipment to the instant joint project.
5) In carrying out the instant joint business, the Plaintiff determined to take charge of all incidental business activities related to beauty art rooms and business management, including employment of human resources, dismissal, management and implementation of the beauty art room, education of beauty artists and management personnel, publicity and marketing, payment or receipt of the price, and distribution of profits. The Plaintiff and the Defendant agreed to pay a separate price for the entrusted business to the Plaintiff’s corporation that is entrusted with the instant joint business as commission management commission. 6) The sales amount arising from the instant joint business is monthly.