1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On December 4, 2013, the Defendant and C leased 75 square meters among the second floor of the building located in Young-gu E in Suwon-gu, Suwon-gu, Suwon-si, as KRW 40 million for deposit deposit, KRW 3.5 million for monthly rent (excluding value-added tax), the lease period from December 30, 2013 to December 29, 2015, and KRW 4,500 for management expenses (excluding value-added tax).

(2) On April 9, 2014, the Defendant and C operated Lestop (hereinafter “instant restaurant”) from April 14, 2014 to a Dong business with an equity of 50:50 after having registered its business in the name of “F” in the name of “F.”

B. (1) On September 2, 2014, the Plaintiff acquired C’s 1/2 shares on the instant restaurant from C, and the Defendant consented thereto.

(2) The Plaintiff paid C totaling KRW 100 million on five occasions from August 29, 2014 to September 5, 2014.

C. On September 2, 2014, the Plaintiff entered into a partnership agreement on the operation of the instant restaurant (hereinafter “instant partnership agreement”) with the Defendant, and the main contents thereof are as follows.

Management shall be conducted with joint will and with due care as a good manager.

Profits shall be distributed to the investment ratio, and shall be settled on the fifth day of the following month.

Funds management shall be jointly conducted, and the representative shall be created, managed, and kept in the designated bank.

The continuation, suspension and closure of business shall be decided by consultation and consent.

Deposit for commercial lease shall be jointly held, but it shall be 1/2 each.

In order to jointly use the name of the lessee with the consent of the lessor, and when the lessor refuses to change the name of the lessee, 1/2 of the deposit shall be transferred or taken over, and notarized.

The name of the business operator shall be jointly held.

The Defendant paid each of the Plaintiff KRW 50,000,000 to the Plaintiff on January 30, 2015, and KRW 1 million on July 13, 2015.

E. On March 6, 2015, D sent to the Defendant and C a written notice to the effect that the rent and management expenses of the instant restaurant were unpaid in KRW 29,174,200 in total from June 2, 2014 to February 2, 2015.

F. (1) The instant restaurant is named C.