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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 fact that there is no dispute with him/her;
A. On February 20, 2014, the Plaintiff and the Defendant entered into a partnership agreement on the “D” Vice Director in the C prison parking lot, and the Plaintiff invested funds necessary for the acquisition and paid expenses from profits. The Defendant agreed to work for the said Vice Director and receive benefits from the Plaintiff.
B. On February 26, 2014, the Plaintiff and the Defendant began to operate the Deputy Director General.
C. On August 7, 2014, the Defendant notified the Plaintiff of his intention to terminate the Dong business contract, and thereafter, the Defendant, upon operating the Sejong Deputy Director alone, transferred the facilities to E at KRW 11 million around January 2015.
2. The parties' assertion
A. The Plaintiff’s assertion and the Defendant agreed to return the full amount of the investment when the Defendant entered into a contract with another person at the time of the partnership agreement. Since the Defendant, from July 2014, excluded the Plaintiff from the operation of the third Deputy Deputy Director and sold the amount to the third party without consultation with the Plaintiff, the Defendant should return the Plaintiff’s investment amount of KRW 6,664,00 to the third party.
B. The defendant's assertion is that the defendant failed to perform the partnership contract, such as the plaintiff's payment of expenses for receipts and disbursements and the defendant's payment, and terminated the partnership contract.
Although the defendant should pay 5,500,000 won to the plaintiff, which is a half of the transfer price of 10 million won, there is no money paid by the defendant after deducting the revenue cost for the six to eight months paid by the defendant and the salary for the seven months paid by the defendant.
3. Determination
A. The content of the business partnership agreement between the Plaintiff and the Defendant on February 29, 2014 is as follows.
The plaintiff shall invest funds for the acquisition of the Deputy Director, pay taxes, public charges, etc. from the profits, and the defendant shall provide labor to the Deputy Director and receive KRW 2.5 million from the plaintiff on the 20th day of each month.
The members of the Sejong Deputy Sales Board, the defendant shall agree, and the profits shall be divided by 1/2 and the defendant.
The defendant shall not enter into a contract with any other person than the plaintiff.