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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On December 19, 201, the Plaintiff agreed to operate the water purifier repair business as a partnership business to the Defendant on December 19, 201, and agreed to provide the Defendant with an investment of KRW 25,00,000 in the facility cost and at least the principal is guaranteed from the Defendant. As such, the Defendant is obliged to pay the said investment amount and damages for delay.
B. Although the Defendant received KRW 25,000,000 from the Plaintiff as investment money, the Defendant agreed to adjust the business with the Plaintiff and agreed to pay KRW 17,000,000 to the Plaintiff instead of having the place of business, and paid all the above settlement money to the Plaintiff.
2. Determination
A. The Plaintiff’s operation of the Defendant and water purifiers-related business as a partnership business and the payment of KRW 25,00,000 to the Defendant on December 19, 201 is without dispute between the parties.
However, there is no evidence to acknowledge that the Defendant agreed to return the principal of the investment deposit to the Plaintiff, and the Plaintiff’s above assertion is rejected.
B. The Plaintiff, even though there was no agreement to return the principal of investment, asserts that the Defendant is obligated to pay to the Plaintiff the settlement amount equivalent to 1/2 of the appraised amount of the business at the time of the termination of the business relationship. However, there is no evidence to acknowledge that the settlement amount of the business relationship was KRW 25,00,000, and instead, considering the overall purport of the pleadings in each of the statements in subparagraphs B and B, the Plaintiff and the Defendant agreed to adjust the business around June 30, 2012. The Plaintiff prepared a certificate of monetary rent of KRW 17,00,000 from the Defendant on June 30, 2012, and the Defendant received a payment order from the Defendant for the payment of KRW 7,000,000 which was unpaid out of the borrowed amount based on the said certificate of monetary rent as the Suwon District Court Order 2013 tea3979, July 23, 2013.