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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. On July 2015, the Plaintiff and the Defendant concluded, verbally, a contract under which the Plaintiff invested KRW 150 million, and the Defendant works for nine hours a day, six hours a day and six hours a day, and the Plaintiff will have profits from the business of coffee and 40% a day divided by 60% and 40% a day (hereinafter “instant investment contract”).
B. Under the instant investment contract, the Plaintiff invested KRW 150 million, and the Defendant invested KRW 100 million, respectively.
In addition, the Plaintiff entered into a lease agreement with F Co., Ltd. around August 2015 after receiving a successful bid in the bid process in its own name, entered into a franchise agreement with C Co., Ltd., a franchise store franchise (G), and completed business registration with H Co., Ltd.
The above coffee specialty (hereinafter referred to as the “coffer store of this case”) commenced business around September 8, 2015.
C. After the commencement of business, the Plaintiff and the Defendant worked at the coffee store of this case, and the receipt and disbursement of the above coffee store have been directly managed by the Plaintiff, and paid the Defendant the settlement amount of business profits to the Defendant.
However, for a long time, conflicts have occurred due to the settlement of business profits of coffee stores, disclosure of details of revenues and expenditures, preparation of detailed written contracts on investment contracts of this case, employment and management of employees, etc. Since 2016, the conflict has deepened, and the Plaintiff and the Defendant, etc., in the coffee stores of this case, have raised disputes, such as fighting their body and obsing, etc., and were punished for the crimes of violence, injury, and insult.
Only until October 2016, the Plaintiff paid the Defendant a settlement amount on the operating income of the coffee store of this case, and did not pay the settlement amount from November 2016.
b) the Commission;