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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant were in de facto marital relationship with the Defendant. From April 30, 1990 to April 30, 1990, the Plaintiff’s business entity is called “E” (hereinafter “instant business entity”).
At the time, the Defendant jointly operated the business. At the time, the Defendant invested KRW 15 million in the aggregate of KRW 10 million in the deposit and KRW 5 million in the operating fund. The Plaintiff invested KRW 10 million in the amount of KRW 10 million in the Plaintiff’s possession, KRW 30 million in the loans from the G Association, and KRW 50 million in the amount of KRW 30 million in the loans from the G Association. The business registration of the instant company was made in the name of the Defendant, and the profits accrued therefrom was disbursed as living expenses, store operating expenses, etc. with the mutual consent of each of the parties. However, the Defendant brought a complaint against the Plaintiff on February 5, 2017 in order to settle the partnership relationship with the Plaintiff, and the Plaintiff embezzled the funds of the instant company, the Defendant should settle the business relationship between the Plaintiff and the Defendant at the rate of the Plaintiff’s withdrawal on February 5, 2017.
As of February 5, 2017 of the instant company’s active property as of February 5, 2017, there was a low temperature storage and site (or equivalent to KRW 230 million at the market price), KRW 28 million investment in H farming association, KRW 11 million in membership rights, KRW 150 million in credit delivery bonds to J and K, KRW 50 million in cash held by the Defendant at the time, KRW 50 million in kind, KRW 50 million in kind, KRW 40 million in kind, KRW 40 million in kind, and KRW 1 ton in passenger cars, KRW 2 and KRW 1 ton of passenger cars (or KRW 70 million at the market price), and KRW 639 million in total (or KRW 10 million at the market price).
The company's passive property at the time of this case is the sum of the amount of KRW 86 million for L Farming Cooperatives, the amount of KRW 62 million for M, the amount of KRW 42 million for N, the amount of KRW 17 million for P, the amount of KRW 43 million for P, the amount of KRW 7 million for Q, and the amount of KRW 25 million for R.