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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the joint representative of the franchise business entity, and the Defendant B is the owner of the store E and 201 (hereinafter “instant store”) in Suwon-gu, Busan, and the Defendant C is the wife of the Defendant B.
B. At around June 2014, Defendant B asked the wife F to select an item in order to serve a restaurant at the instant store, and F introduced friendship G.
C. G requested the Defendant B to prepare for the opening of the instant store (such as the purchase of interiors and materials), and offered the Defendants the Plaintiff who operated D jointly.
Since then, the Rotterdam Corporation was in progress with respect to the instant store, and the Defendants remitted the construction price of KRW 50 million, which is the operator of H, who is the interior business, to I, as the construction cost, KRW 33 million on August 1, 2014, KRW 33 million on September 3, 2014, and KRW 110 million on October 27, 2014.
E. around August 2014, Defendant C opened a restaurant with the name of “J” and completed the business registration at the instant store. At that time, Defendant C entered into a lease agreement with the lessor and Defendant C as the lessee in relation to the instant store.
F. From July 2014 to February 2015, the Defendants sent to K head of the D Headquarters a management performance list of the instant store.
G. On January 12, 2015, G and K demanded the Defendants to prepare a joint investment contract that reflects KRW 50,000,000 of D’s investment amount, and the Defendants refused to recognize the amount of KRW 50,000 as investments.
H. Around January 20, 2015, D submitted to the Defendants a written estimate on the purchase of KRW 45 million, which the Plaintiff remitted to H as the price for the interior of the instant store, including the details of KRW 45 million, cooling and crypters, and approximately KRW 150 million, to the Defendants.
I. On March 16, 2015, the Plaintiff sent to Defendant C a written statement stating that, if refusing to prepare a joint investment agreement, the Plaintiff would return the invested amount of KRW 50 million.
Accordingly, Defendant C spent the Plaintiff.