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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. Facts of recognition;
A. The Plaintiff and D’s letter of agreement execution 1) The Plaintiff entered into the construction site of the astronomical F apartment construction site of June 22, 2015 (hereinafter “instant site”) between D (former names: E) known through the introduction of Defendant B and D (former names).
(3) The agreement execution note, which jointly operates two restaurants in the Republic of Korea (hereinafter referred to as “instant agreement execution note”).
2) The details of the instant letter of commitment are as follows:
(hereinafter referred to as “A” refers to the Plaintiff for D and B). The construction period for F apartment in the astronomical area: May 2015 to February 2018: 18 to 20 months.
1. On-site restaurant operation rights are jointly owned by A and B.
2. There shall be any amount invested;
- Investment amount: 400,000,000 won
3. A cafeteria be responsible for cafeterias.
- Estimated amount: 200,000,000 won
4. The profits and losses of Gap and Eul shall be fifty; and
6. Eul shall collect investment funds from proceeds from the operation of a restaurant in advance.
8. If the above site does not proceed, Party A will pay the investment amount of Party B in 2,00,000,000 retroactively to the principal.
3) On July 13, 2015, pursuant to the letter of commitment to the instant agreement, the Plaintiff is entitled to KRW 400,000,000 investment amount to D (hereinafter “instant investment principal”).
B. B. The Plaintiff, D, and Defendant B’s loan No. 1) drafted a loan certificate (hereinafter “the loan certificate of this case”) between D and D on the date on which the Plaintiff prepared a letter of commitment to the agreement of this case, and Defendant B had no signature on the loan certificate of this case as a joint and several surety.
2) The details of the loan certificate of this case are as follows. The construction period for F apartment construction works in thecheon City: from May 2015 to February 2018 (the period for the removal construction works for the restaurant business: the period for the restaurant operation from September 2015 to October 18: approximately 20 million to October 2015: the loan period of approximately 400,000,000 won: the loan period of December 30, 2015.