1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The defendant is the representative of D chain headquarters who started the restaurant business from around 2007 to D.

B. On July 30, 2010, the Defendant concluded a share investment contract with the following content, while jointly operating a general restaurant (hereinafter “instant restaurant”) in the name of “D (E)” on the ground of the Plaintiff and Daegu-gun-gun C.

1. Place: Daegu Metropolitan City Heading C;

2. 1) Equity Investor A: D Chain Headquarters Defendant 2: It confirms that an investment was made in the share of 50% (250 million won) of the Plaintiff’s share in the operation of D chain stores at the above location of the Plaintiff.

The chain store operation shall be under the jurisdiction of the chain headquarters, and shall be managed according to the instructions of the chain headquarters.

In principle, it shall be settled on the 10th day of the following month from the last day of the settlement of accounts for the profits of the investment amount.

The lessee and the representative of the above store have been voluntarily offered to the plaintiff, but they cannot be used for rights to the store, security of an individual, or other purposes, and they shall be determined for shares at the time of conversion into a corporation.

C. In addition, around October 20, 2010, the Defendant and the Plaintiff concluded a partnership agreement with respect to the operation of the instant restaurant as follows.

In commencing the restaurant business of this case, the plaintiff and the defendant conclude the same business contract as follows:

Article 1: The defendant and the plaintiff shall be engaged in a joint business from October 20, 2010, and the name of the business shall be determined as "D" and the representative shall be the defendant.

Article 2:Shares in Joint Projects shall be 50%, plaintiffs 50%, and all profits and expenses shall be distributed according to their shares.

Article 3:In accordance with the share ratio under Article 2, the defendant and the plaintiff share the deposit for lease to the said workplace, and shall make additional investments according to the share ratio, if necessary, in accordance with the commencement of the business.

Article 4:Expenses and liabilities related to the business after the contract of the same business shall be responsible according to each person's shares regardless of the closure of the business.