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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 26, 2012, D, as the owner of each real estate listed in the attached list, which is accommodation facilities (hereinafter “the instant telecom”), contracted for the remodeling project of the instant telecom (hereinafter “instant construction”) to Defendant C for KRW 750 million, and paid the said Defendant the down payment amount of KRW 50 million on the same day.
Since June 27, 2012, D drafted a written contract for construction works with the contract amount of KRW 750,000,000 for E and the instant construction works, and paid the contract amount of KRW 360,000,000 to E on September 6, 2012.
Defendant C and the Plaintiff shall allocate the franchise of this case to the following persons at the time of remodeling, operation, and sale:
1. The total remodeling costs are KRW 750,000,000,000,000 and the Plaintiff pays KRW 300,000 among them and the remainder shall be paid by Defendant C.
2.The operations and sales shall be equally divided among all others, including interest, monthly income, and public imposts, and net profits.
3. In the case of sale, the remainder of the profits except 1.85 billion won per building owner shall be divided equally by Defendant C and the Plaintiff.
B. Defendant C proposed to the Plaintiff, who had operated a lodging establishment in another place, that “When the lender is a lender, the said KRW 300 million of the construction cost of the instant case would be leased and operated from D in lieu of the lease deposit.” On June 5, 2012 to July 29, 2012, the Plaintiff, in response thereto, remitted the sum of KRW 39.42 million to the account requested by the said Defendant, and on August 7, 2012, sent the sum of KRW 280 million to the said Defendant as a check, paid the sum of KRW 319.42 million to the said Defendant on August 7, 2012, and prepared a partnership agreement with the said Defendant (hereinafter “instant partnership agreement”).
C. Meanwhile, Defendant B, the wife of the Plaintiff and Defendant C, opened a lease deposit of KRW 300 million, monthly rent of KRW 14 million, and monthly rent of KRW 300 million with respect to the instant cartel and the instant cartel, for three months after the opening of the business.