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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On October 9, 201, Defendant B, the Plaintiff, and D entered into a partnership agreement with each other to operate a restaurant (hereinafter “E”) with the trade name “E” (hereinafter “instant restaurant”) (hereinafter “instant partnership agreement”).
B. Around November 3, 201, the Plaintiff’s husband, due to the shortage of partners at the time, borrowed KRW 50 million from a bank, and appropriated it to a partner. According to the instant business agreement, after starting the business of the instant restaurant, the Plaintiff agreed to obtain a loan from a micro enterprise and repay the said loan (hereinafter “F’s loan”).
C. However, on June 17, 2012, the instant restaurant continued to suffer financial difficulties after opening the business, and D requests withdrawal from the business, and Defendant B, the Plaintiff, and D left the business partnership, and the Plaintiff and Defendant B and the Plaintiff, who received a large number of existing micro enterprise financing loans for the repayment of F’s loans, have agreed to convert Defendant B into the status of employees and to change Defendant B into the sole representative of the instant restaurant, and then formally terminate the instant business partnership agreement.
On September 21, 2012, Defendant B received a guarantee from the Jeonnam Credit Guarantee Foundation under the joint and several guarantee of Defendant C, the husband of the F and the Plaintiff, and used the loan of KRW 50 million from the Nonghyup Bank for the purpose of paying the existing loan by the Defendants.
E. Although the Defendants conspired to obtain a micro enterprise financing loan and have an obligation to repay F’s above loan, using F’s loan amounting to KRW 50 million for personal purposes without using F’s repayment of the loan from the Nonghyup Bank constitutes not only violation of Article 2(2) of the Business Agreement, but also embezzlement or breach of trust.
Therefore, the Defendants are jointly and severally liable to the Plaintiff for nonperformance.