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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 facts following the facts do not conflict between the parties, or recognize Gap evidence Nos. 1 to 7 by integrating the whole purport of the pleadings.
On November 13, 2009, the Plaintiff and the Defendant entered into a partnership business contract (hereinafter referred to as the “instant partnership business contract”) with the operation of a restaurant on the land and its ground of Gyeyang-gu Incheon Gyeyang-gu and its ground (hereinafter referred to as the “instant partnership business contract”). The main contents of the partnership business contract (Evidence B) entered into at the time of the conclusion are as follows:
The defendant in the partnership contract shall be referred to as "A" and the plaintiff shall be referred to as "B" and a partnership contract shall be concluded as follows:
Article 2. A shall pay and invest a Causer's contribution after the construction of infrastructure (water supply and sewerage systems, septic tanks, toilets, building renovation and repair works, fire fighting, electricity, and communications) from November 13, 2009 to 80.
B shall invest in cafeterias, facilities necessary for the opening of cafeterias, Dogs, interiors, etc. from November 13, 2009.
Article 3. The distribution of profits and losses shall be five years from the date of the partnership business contract, and the profits and losses shall be distributed to 50% both A and B, when the business performance during the last day of each month or the first month is at least 20,100,000 won, after settling accounts for the business performance during the period at the end of each month, and at least 5%, A shall be allocated at 40%, and B shall be allocated at 60% and less than 20,100,000 won, respectively.
(A) The term of this contract shall be valid for a period of 5 years, and the prop and building owner A and B shall be automatically extended every two years unless the other party has expressed his intention of termination or termination, and the contract shall be reviewed and decided every two years.
In this contract, the liability and legal liability of A when a problem arises in the use of buildings and land shall be met with the responsibility of A.
Article 5. Termination of the Contract may be terminated through a three-month peremptory notice to the other party, either A or B, in any of the following cases:
1. Where A or B violates the provisions of this contract;
2. Where he/she fails to implement a plan under mutual agreement with Gap and Eul.
3. The time of business activities;