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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. From July 2, 2013 to March 20, 2014, the day immediately before the filing of the instant lawsuit, the Plaintiff and the Defendant entered into a partnership agreement for the same business of importing and selling automobile parts and musical stories from China, and the Plaintiff provided a business know-how in China, and the Defendant entered into an agreement for the Defendant to carry out the business of selling them online in Korea as 50:50 shares. The Defendant did not allocate profits to the Plaintiff except for those that the Plaintiff returned KRW 27,90,000,000 that the Plaintiff invested in the initial cost.
B. The sales amount during the period of the above business is KRW 76,831,268 (Evidence 5) deposited in D account of the Defendant of the Korea CTR Bank (hereinafter “business passbook”), KRW 40,805,420 (Evidence 6), and KRW 141,164,026,026, total estimated cash sales amounting to KRW 24,527,338.
C. The amount of expenses spent during the above period (including KRW 27,90,000 paid to the Plaintiff) is KRW 88,552,267, and the end of the business partnership between the Plaintiff and the Defendant is March 20, 2014, which is the date of the filing of the instant lawsuit. As such, the subsequent expenses cannot be recognized, and the amount of KRW 48,828,50 exchanged by the Defendant cannot be recognized as the expenses spent, since the use of the said money deposited by the Defendant cannot be recognized.
Therefore, the revenue amount shall be KRW 52,611,758, and KRW 26,305,879, among them, should be distributed to the Plaintiff.
2. If a certain member gives notice of termination to another member when the trust relationship becomes broken due to infertility and disestablishment between the parties to the decision-making partnership and the withdrawal or expulsion of a specific member is unable to expect the smooth operation of the partnership's business, such notification may be deemed a request for dissolution of the partnership accompanied by the extinction of the partnership;
(see, e.g., Supreme Court Decisions 94Da46268, Mar. 26, 1996; 2007Da48370, 48387, Nov. 15, 2007). Unless otherwise agreed between the parties concerned when the association is dissolved.