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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 1, 2010, the Plaintiff entered into a partnership agreement with G on the business of running jointly the restaurant with “F” on the second floor of H commercial building at H, and jointly operated the said restaurant. On January 17, 2012, the Plaintiff entered into a partnership agreement on the business of jointly running the restaurant with the trade name of “D” on the second floor of the same building (hereinafter collectively referred to as “each restaurant of the above two restaurants”), and jointly operated each of the above two restaurants (hereinafter collectively referred to as “each of the above contracts”).
B. After that, the Plaintiff filed a lawsuit against G on the grounds that G embezzled the business partner’s money and cannot jointly operate each of the instant restaurants any longer, and that G filed a lawsuit against G on the grounds that G cannot jointly operate the instant restaurants, such as notification of the assignment of claims seeking compensation for damages and settlement of shares and management rights arising from tort under 2012Gahap10305.
C. In the instant case, on November 19, 2012 between the Plaintiff and G, conciliation was established with the following purport: “The instant agreement shall be terminated, but G shall return the equity investment amount of KRW 750 million to the Plaintiff up to October 31, 2013; the amount of dividends shall be KRW 15 million as of the end of each month from November 1, 2012 to October 31, 2013; and the remainder of the principal after partial repayment shall be paid at the end of each month (hereinafter “instant conciliation”).
Since then, on December 16, 2013, the Plaintiff and G agreed with the following contents (hereinafter “instant agreement”) regarding the refund of equity investment under the instant conciliation agreement:
1. G shall extend the repayment period of KRW 750,00,000 to the Plaintiff by March 30, 2014, which is to be paid by October 31, 2013.
2. G shall pay to the Plaintiff the dividend amount of KRW 28,00,000,00 each of the instant restaurants by March 20, 2014.
3. The Plaintiff by March 20, 2014.