1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

1. Basic facts

A. On August 2010, the Defendant entered into a partnership agreement to operate the clothes “D” (hereinafter “instant store”) in the latter part of the Cuk-gu in Gwangju Northern-gu by investing KRW 140,000,000 in each of the said KRW 140,000 (hereinafter “instant partnership agreement”).

B. The Plaintiff paid KRW 20,000,000 as the down payment necessary to rent the instant store on August 18, 2010 under the instant business agreement, and paid KRW 20,000,000 for the goods to E on August 20, 2010. On August 25, 2010, the Plaintiff paid KRW 100,000 to the Defendant for the said store business, and invested KRW 140,000,000 for the said store business (=the down payment of KRW 20,000,000 for the goods of KRW 20,000,000 for the goods of KRW 20,000 for the said store business.

C. The original Defendant jointly operated the instant store by November 201, 2010 after having registered the business in the name of F, which is the Defendant’s living together. However, the Defendant transferred the right to operate the said store to F on or around November 7, 2010, and the instant trade agreement of the original Defendant terminated around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay 140,000,000 won to the Plaintiff upon the termination of the instant partnership agreement. 2) The Plaintiff did not exempt the Defendant from the obligation to pay the settlement amount.

On November 4, 2010, the plaintiff proposed that the defendant will transfer the above store's operating right to the defendant, but the defendant refused the plaintiff's proposal.

3) Even if the Plaintiff exempted the Defendant from the obligation to pay the settlement amount, this is limited to the termination condition that the Defendant would not raise an issue as to the investment amount as set forth in Section 3.b.1 (e) below to the Plaintiff, and the Defendant filed a complaint against the Plaintiff as set forth in Section 3.b.1 (h) below, and thus, the termination condition is the same as the Defendant brought a civil lawsuit against the Plaintiff.