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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 28, 2014, the Plaintiff and the Defendant drafted a partnership agreement with respect to the first call sales business as follows:
(hereinafter referred to as the “instant business agreement.” The Plaintiff and the Defendant enter into the instant business agreement in order to start the business of selling Seocho-si, Seopo-si as follows:
- Article 1 - The plaintiff and the defendant are engaged in a joint business from July 15, 2014, and the name of the business shall be determined as "D" and the representative shall be the plaintiff.
Article 2 Shares in Joint Business shall be Plaintiffs 50% and 50%, and all profits and expenses shall be distributed according to the shares.
Article 3 The plaintiff and the defendant shall share the lease deposit for the said workplace in accordance with the share ratio in Article 2, and shall make additional investments in accordance with the share ratio, if additional funds are needed for the commencement of the business.
Article 4. The expenses and liabilities related to the business after the business contract shall be responsible for each share regardless of the closure of the business.
B. The Plaintiff operated a first call store along with E, who is a cohabitant.
At the time, the defendant Cho Jong-k is working as an employee of the above sales store.
On December 2014, the Defendant voluntarily paid the amount equivalent to the benefits during the period of service to her early childhood.
When the defendant's Chocar retired from office, the plaintiff newly employed a Chinese employee to assist the business.
C. As to the instant business, the Defendant remitted total of KRW 37,000,000 to the Plaintiff’s side from July 8, 2014 to September 14, 2015, and around that time, delivered KRW 5,000,000 in cash.
On September 28, 2014, the Plaintiff borrowed 15,000,000 won from F Co., Ltd. (hereinafter “F”) under the joint and several sureties under the pretext of raising investment funds for the instant business.
On March 7, 2016, F transferred the above loan claims against the Plaintiff to the Defendant, and at that time notified the Plaintiff and E of the transfer.
Since then, the defendant is against the plaintiff and E.