1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. On May 201, the Plaintiff and the Defendant concluded a partnership agreement with the content that, after leasing a store under the Plaintiff’s name, the Plaintiff and the Defendant would operate the restaurant together.

B. According to the foregoing agreement, the Plaintiff leased the first floor store in Daegu-gu, as KRW 20 million, monthly rent of KRW 1.8 million. The Plaintiff and the Defendant, from June 15, 201, operated the restaurant (hereinafter “instant restaurant”) at the said store under the trade name “D” and closed the restaurant on March 2012.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion and the Defendant agreed to pay the rent, etc. of the instant restaurant from July 201 to March 10, 201, while operating the instant restaurant independently without excluding the Plaintiff from July 10, 201 to March 10, 201, the Defendant was obligated to pay 16,962,860 won in arrears from the lease deposit with the overdue rent of KRW 526,60, gas rate of KRW 110,00, gas rate of KRW 110,00, and KRW 770,000, and the Defendant did not pay the Plaintiff the rent, etc. on behalf of the Plaintiff. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 18,369,460 to return unjust enrichment.

B. According to the Plaintiff’s assertion, the Plaintiff paid expenses necessary for the operation of the instant restaurant, such as rent, with the proceeds from the operation of the instant restaurant. Since July 201 to March 10, 201, there is no evidence to acknowledge the amount of the proceeds from the operation of the instant restaurant, there is no reason to view the Plaintiff’s assertion.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.