1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 9, 2007, the Plaintiff acquired and operated the “E” restaurant located in the Full-Time D, Busan Metropolitan City (hereinafter “instant restaurant”) from C on November 9, 2007.

In order to operate the restaurant of this case, the Plaintiff obtained a credit guarantee certificate issued by the Jeonbuk Credit Guarantee Foundation on March 22, 2010, and received a credit guarantee certificate from the Jeonbuk Credit Guarantee Foundation on July 20, 201, and borrowed KRW 8 million from the national bank.

B. On August 31, 201, the Plaintiff agreed with the Defendant to receive 100 million won from the Defendant in connection with the operation of the instant restaurant and pay 3.5 million won per month from the profits therefrom. Accordingly, on August 31, 2011, the Defendant transferred KRW 100 million to the Plaintiff’s National Bank account.

Accordingly, on September 1, 201, the Plaintiff prepared a fund investment contract (Evidence 1) with the content that the term of the contract between September 2, 2011 and September 3, 2013 shall be from September 2, 2011 to guarantee the principal of the investment and to pay KRW 100,000,000 per month as profits.

C. After that, the investment relationship between the Plaintiff and the Defendant related to the operation of the instant restaurant was terminated until December 15, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, 3, 15 through 17, 21 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff agreed to jointly operate the restaurant of this case with the Plaintiff. From the beginning of the restaurant operation of this case, the Plaintiff entered into a business registration, business report, subscription to fire insurance, lease contract, etc. in his own name, and operated the restaurant independently by possessing the passbook under the name of the Defendant. In the process, the Plaintiff intentionally omitted sales and did not yield profits to the Plaintiff. The Plaintiff’s profits are unjust by arbitrarily withdrawing the profits accrued from the restaurant operation and consuming them.