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The plaintiff's claim is dismissed.
Costs of lawsuit shall be borne individually by each person.
Reasons
1. Facts of recognition;
A. A. Around September 2017, the Plaintiff began to operate a partnership business with the trade name “D” (hereinafter “instant partnership business”). The Plaintiff decided to contribute to KRW 30 million, but the Plaintiff actually contributed to KRW 60 million on September 4, 2017 and KRW 10 million on September 5, 2017.
B. Since then, there was a dispute over monetary issues related to the operation of the instant trade, and the Plaintiff notified the Defendant that he/she cannot operate a trade in the instant case any longer due to the continued dispute around November 20, 2017.
C. Meanwhile, while running the same business, the Plaintiff filed a criminal complaint by asserting that the Defendant withdrawn 7.4 million won from a business passbook and embezzled it. However, on March 28, 2018, the Ulsan District Prosecutors’ Office rendered a disposition that the Defendant withdrawn the said money and disbursed it for the operating expenses of the same business in this case. The reasons for non-prosecution include the Defendant’s specific amount of KRW 30,00 on October 20, 2017 as salary in relation to the same business in this case, and the Defendant’s specific amount of KRW 1.8 million on October 23, 2017, KRW 1.7 million on November 20, 2017, KRW 30,000 on the pretext of goods price, KRW 30,000 on October 25, 2017, KRW 306,000 on July 139, 201, KRW 3038,000 on the receipts, KRW 137,13030.1.
With respect to the instant trade, sales from September 2017 to December 2 of the same year are 36,250,600 won in the value-added tax return.
[Ground of recognition] Facts without dispute, Gap 2, 4, 5, 6, 7 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The parties' assertion
A. (1) The Defendant is obligated to pay to the Plaintiff KRW 19.9 million (investment amounting to KRW 10.9 million and KRW 10,955,950 [Sales Amounting to KRW 36,250,660 - KRW 14,338,700)/2] of the Plaintiff’s sales amount and 1/2 of the profit.
(2) The ancillary cause of the claim.