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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 201, the Plaintiff and D entered into a partnership agreement with Defendant B on the content that the restaurant (hereinafter “instant restaurant”) is operated in the name of “H” in the name of the Plaintiff, which is leased in the name of “H” in the name of the Plaintiff during Ansan-si, and that the Plaintiff invested KRW 30 million and KRW 90 million, and Defendant B entered into a partnership agreement with the content that the instant restaurant would operate without investment.
(hereinafter referred to as “instant trade agreement”). (b)
Pursuant to the instant agreement, the Plaintiff and D invested each of the above investments. On February 1, 2011, the Plaintiff leased each of the above E-building G from I as the lease deposit amount of KRW 25 million, monthly rent of KRW 1.65 million, and the lease term of February 15, 201, and two years from February 15, 201. From J on February 8, 2011, the above E-building F was set as the lease deposit of KRW 20 million, monthly rent of KRW 1650,000, and the lease term of February 15, 201, and each of the above lease deposit was paid with the above investment deposit.
C. Around April 2011, D agreed to withdraw from the instant trade agreement, and the Plaintiff and Defendant B agreed to return the investment amount to D.
Accordingly, on April 8, 2011, the Plaintiff and Defendant B made up a loan certificate (No. 4) with the content that the Plaintiff repaid KRW 90 million to D until June 30, 2011, and Defendant B guaranteed it. On May 6, 2011, the Plaintiff returned KRW 60 million to D until June 30, 201, and Defendant B made up a loan certificate (No. 5) with the content that the Plaintiff guaranteed it.
D After withdrawal from the instant trade agreement, the Plaintiff and Defendant B concurrently operated the instant restaurant. As the Plaintiff and Defendant B were in arrears with monthly rent, J filed a lawsuit against the Plaintiff seeking unjust enrichment of KRW 18 million for the name of the building and delayed payment of KRW 2013Kadan520, Suwon District Court, and KRW 1650,000 for November 15, 2012 to the date the delivery is completed, and the said judgment became final and conclusive at that time.