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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. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant asserted as to September 23, 2014, and D (hereinafter “the instant coffee store”) in the Heung-gu Seoul Special Metropolitan City Cheongju (hereinafter “instant coffee”).
(2) The partnership agreement of this case (hereinafter referred to as the “instant partnership agreement”) shall be operated to distribute profits, and the ratio of shares shall be 50:50.
After the conclusion of this case, on October 2, 2014, the Plaintiff opened and operated the coffee store and distributed profits therefrom. However, around March 2015, the Defendant proposed to sell the coffee store to the Plaintiff to a third party. On July 6, 2015, the Defendant unilaterally notified the Plaintiff of termination on the ground that E, the Plaintiff’s wife faithfully operates the coffee store. Accordingly, the property of the same kind, such as the coffee store, changes to the Plaintiff’s sole possession, so the Defendant still continues to occupy the said coffee store, and thus, the Defendant sought delivery of the said coffee store to the Defendant, and on the other hand, there is no confirmation on the Plaintiff’s obligation upon termination of the agreement to the Defendant pursuant to Article 6(1) of the said agreement as it does not exceed KRW 45,313,433.2) However, the Defendant asserted that the Plaintiff’s wife, the Plaintiff’s wife, and the Plaintiff’s public educational official, set up the instant agreement to the instant coffee contract, but only 93,214.2.3
E, however, even though the ratio of shares in the instant partnership agreement is 50:50, unilaterally reinstated to a school without the defendant's name on July 2015, and around that time, only two hours after retirement from the coffee store of this case and demanded a distribution of profit equivalent to that of the instant partnership agreement. Accordingly, E merely notified the termination of the instant partnership agreement, which has the nature of the claim for dissolution of partnership relations, and withdrawal from the partnership relationship.