1. The lawsuit of this case is dismissed in exchange for another court.

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

Facts of recognition

B Before the instant trade agreement, D and E transactions and Plaintiff’s monetary payment were registered with the trade name of “C” with the Defendant, his wife on May 13, 2006. After completing the business registration with the trade name of “C,” the Defendant was actually engaged in wholesale and retail business, such as medical appliances and quasi-drugs, by operating the said C.

D and E around May 201, 201, E manufactured and supplied E and supplied E to C and settled the price thereof. On June 13, 2011, the Plaintiff remitted 40 million won to E with respect to the manufacture and sale of the above Mak, and E used it as the cost of manufacturing the Mak.

E completed the business registration of “F” with the category of non-pharmaceutical products manufacturing wholesale and retail business as a business item on June 10, 201, and entered into a contract on June 24, 201 with G Co., Ltd. to sell salted fish for children of H “H” produced by the said company.

On June 27, 2011, the Plaintiff remitted 88 million won to E with respect to the purchase of the salted fish, and D was supplied with even 40,000 won with the salted fish from E around the end of July 201.

이 사건 동업약정 체결 및 이 사건 조합의 운영 이후 원고, E, D는, E이 자신의 개인사업체인 F(주식회사 G과의 독점판매 계약자로서의 지위 등 위 사업체를 통한 제품의 공급측면에서의 영업망)를, D는 피고의 개인사업체인 C(판매거래처 등 위 사업체를 통한 제품의 판매측면에서의 영업망)을, 원고는 자금(C의 평가금액에 상당한 출자금)을 각 출자하여 동업하되, 각자의 손익분배비율을 1:1:1로 하기로 약정하였고(이하 위 약정을 ‘이 사건 동업약정’이라고 하고, 이로 인해 결성된 위 3인의 동업체를 ‘이 사건 조합’이라고 한다), 그 직후 C의 평가금액을 3억 원으로 하기로 하였다.

In accordance with the instant business agreement, the Plaintiff invested a total of KRW 170 million in the instant association from January 6, 2012 to February 6, 2012, and the instant association.