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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. On January 2013, the Plaintiff asserted that the Plaintiff agreed to jointly invest with the Defendants to engage in the business of contracting and leasing concrete pumps construction equipment (hereinafter “instant business”). Under the instant business agreement, Defendant B and D respectively, Defendant C’s KRW 80 million, Defendant C’s KRW 70 million, and the Plaintiff’s business with KRW 100 million each invested each of E.
However, the Plaintiff and the Defendants agreed to terminate the same business contract with each other as a matter of misunderstandings and reflects that the Defendants did not receive and settle payments from their clients during the period of the same business, and as a matter of course, the Plaintiff left the same association upon the Plaintiff’s transfer of two pumps in the name of the Plaintiff to Defendant B and closing the Plaintiff’s business as of April 2, 2015.
The Plaintiff and the Defendants agreed to promptly return the amount of investment within 30 days in cash when the contract is terminated or terminated at the time of the instant partnership agreement. The Defendants are obliged to return the amount of investment KRW 100 million to the Plaintiff upon the termination of the partnership agreement and the withdrawal of the Plaintiff’s partnership.
2. Determination
A. As to the Plaintiff’s above assertion, the Defendants asserted that the Plaintiff renounced all rights regarding the instant trade agreement including the right to claim the return of the said investment amount.
In light of the purport of the entire pleadings, the Defendants’ embezzlement of earnings under the instant business agreement was conducted by taking account of the following: (a) evidence Nos. 7, (b) evidence Nos. 1 and 2, and the purport of the entire pleadings; (b) the Plaintiff issued and delivered a written waiver stating that “In March 8, 2015, the Plaintiff shall give up all of the E equipment at the time of March 12, 2015; (c) the Defendants shall not be subject to any all of the subsequent equipment; and (d) the waiver of the equity interest” (hereinafter “instant waiver”).