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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 2016, the Plaintiff, the Defendants, and D (tentative name E) invested KRW 50 million in the Plaintiff. The Defendants invested two parts of the skin management machinery, and E provided a store to operate the skin management unit jointly. They divided the profits into Plaintiff 10%, Defendants 40%, and D20%, and entered into a partnership agreement with the Defendants to use the remainder for expenses, etc.
B. In accordance with the foregoing business agreement, the Plaintiff transferred KRW 20 million to the F Co., Ltd.’s account with a joint representative director on August 19, 2016 and KRW 10 million on September 2, 2016. The Defendants installed two parts of the skin management machine at the said D store and operated the skin management room.
C. Of that, around September 2016, the Plaintiff and the Defendants excluded D from a partnership business, and transferred the above skin management machinery to H of the Seocho-gu Seoul Metropolitan Government G Building H (hereinafter “instant store”) that the Plaintiff leased, and continued to operate the skin management office.
(hereinafter referred to as “instant partnership business” between the Plaintiff and the Defendants.
In accordance with the instant trade agreement, the Defendants moved the above sub-management machinery to the instant store and started operating the business. However, around November 2016, the Plaintiff demanded the Defendants to return the above investment amount of KRW 30 million. The Defendants returned KRW 5 million to the Plaintiff, including KRW 15 million on November 8, 2016 and KRW 15 million on November 15, 2016.
【Fact-finding without any dispute over the basis of recognition, Gap evidence 1, 3, Gap evidence 7-1 to 9, witness D's testimony and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion and the defendants' counterarguments (1) The plaintiff asserts as the cause of the claim of this case as follows.
① Although the Defendants agreed to return to the Plaintiff KRW 30 million, they returned only KRW 15 million among them, and thus, they should return the remainder KRW 15 million.
② The Defendants are in accordance with the instant partnership business.