The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Summary of the plaintiff's assertion

A. After acquiring a construction company, the Plaintiff and the Defendant concluded a partnership agreement with the head of the field office, and the Defendant concluded a partnership agreement with the intent to reflect the profits accruing from the Defendant’s operation of the company by taking charge of the representative director, and accordingly, the Defendant acquired the Co., Ltd. (hereinafter “Nonindicted Company”) on February 23, 2017 and assumed office as the representative director.

B. On March 28, 2017, Nonparty Co., Ltd. (hereinafter “D”) subcontracted contract amounting to KRW 1.815 billion for the construction of a new living accommodation facility located in Suwon-gu E (hereinafter “instant construction”) from D Co., Ltd. (hereinafter “D”), and the Plaintiff performed construction as the site manager. On January 15, 2018, Nonparty Co., Ltd entered into an agreement on settlement of accounts with KRW 2.345 million, including D and additional construction.

C. The non-party company received 749,440,973 won directly from D, and the remainder of 1,594,109,027 won was paid directly to the subcontractor with the approval of D company. The non-party company paid 441,8634,707 won in total as wages, operating expenses, insurance premiums, rent and taxes, etc., and paid 307,57,266 won at the construction site of this case.

On July 30, 2018, the Plaintiff retired from a non-party company and terminated the instant partnership agreement. As a result, the Plaintiff sought payment of KRW 153,788,633 (= KRW 307,577,266 x 1/2) out of KRW 100 million and delay damages pursuant to the rate of profit distribution on the said profit as a business settlement amount against the Defendant.

2. Determination as to the cause of action

A. First, the Plaintiff’s claim of this case is based on the premise that, after acquiring a construction company between the Plaintiff and the Defendant, the field director, and the Defendant concluded a partnership agreement with the content that the Plaintiff would divide the profits accruing from the operation of the company by taking charge of the representative director’s office, and thus, it seems that it first conforms to the Plaintiff’s assertion regarding whether the partnership agreement has been concluded.