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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff B and Plaintiff A’s letter of performance of the instant agreement and a loan certificate 1) Plaintiff B introduced from the Defendant to Plaintiff A (D prior to the name of the Plaintiff) who operates a restaurant at the apartment construction site, etc., and on June 22, 2015, the Plaintiff and the E Co., Ltd. (hereinafter “E”).
2) Two cafeterias in the construction site of the F apartment in the cheon-gu F apartment (hereinafter referred to as “instant cafeterias 1 and 2” in the order of its establishment, and the total “each of the instant cafeterias” in this case.
(2) As to the operation of the Agreement, a statement of agreed implementation (hereinafter referred to as the “statement of agreed implementation”) as follows:
was drawn up.
Construction name: Construction period: From May 2015 to February 2018, 2018: Two restaurant businesses period: 18 to 20 months.
1. Each of the instant restaurants is operated jointly by Plaintiff A and Plaintiff B.
2. There shall be any amount invested by the plaintiff B; and
-investment amount: 400,000,000
3. The plaintiff A is responsible for the restaurant axis.
- Estimated amount: 【200,000,000
4. The profits of the plaintiff A and the plaintiff B shall be 50:50.
5. The plaintiff B may appoint a manager (general) in the operation.
6. The plaintiff B shall collect the investment from the proceeds from the operation of the restaurant in advance.
- The expected period of advance collection of investment amounts: approximately 8 to 10 months - After the advance collection of investment amounts, the share commitment is made.
7.All taxes and income taxes generated from the operation of a restaurant shall be appropriated from the earnings of plaintiffs A and B.
8. In the event that the above site does not run, the Plaintiff A will pay the investment amount of Plaintiff B in 200,000,000 retroactively to the principal.
2) When preparing the letter of commitment to the instant agreement as described in paragraph (1) above, Plaintiff A prepared and ordered Plaintiff B with the following loan certificates (hereinafter “the instant loan certificates”) on the same day, and the Defendant jointly and severally guaranteed the above loan certificates.
Construction name: Construction period of the inlet F apartment construction: from May 2015 to February 2018.