1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 27, 2012, the Plaintiff, the Defendant, C, and D entered into a business agreement to establish and operate a private teaching institute for practical food and drink and divide the profits therefrom equally (hereinafter “instant business agreement”). Accordingly, the Plaintiff, the Defendant, C, and D established and operated a “private teaching institute” (hereinafter “private teaching institute in this case”) in the building in Gwangjin-gu Seoul Special Metropolitan City E-gu.

B. Thereafter, around November 2012, C received the settlement amount of KRW 15 million from the instant trade agreement and withdrawn from the instant trade agreement; around May 2013, D received the settlement amount of KRW 15 million and withdrawn from the instant trade agreement, and the name of business registration with respect to the instant private teaching institute was changed from D to the Defendant.

C. After that, G and H newly invested KRW 15 million in each of them and operated the instant private teaching institute with the original and the Defendant, but they also received KRW 15 million from each of the instant private teaching institutes around November 2013 and withdrawn therefrom.

Accordingly, from November 2013, the Plaintiff performed the overall activities related to the operation of the instant private teaching institute, including the fund management, accounting, car page management, and instructor management of the instant private teaching institute. The Defendant primarily took charge of the duties of visible lectures, student counseling, etc. in the instant private teaching institute.

On the other hand, the Plaintiff and the Defendant agreed to suspend the operation of the instant private teaching institute on November 2014 and to implement liquidation procedures for the remaining property of the instant private teaching institute, such as lease deposit, various facilities, premium, etc., of the instant private teaching institute. On January 30, 2015, the Plaintiff and the Defendant transferred KRW 1.5 million to I and D the right to operate the instant private teaching institute, all facilities, and the right to refund the lease deposit, etc., and thereafter, until March 2015, the transfer price of KRW 1.5 million paid in installments, which was 1.5 million from the first day until March 2015, and the settlement of the remaining property of the instant private teaching institute, such as the cancellation price of installment savings subscribed while operating the instant private teaching institute, and the sales price for certain used goods.