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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 4, 2015, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with the content that each joint investment of KRW 50,000,000 shall be made in Oba-related businesses, respectively, and that profits and expenses shall be distributed according to their respective shares.
B. On June 13, 2015, the Plaintiff and the Defendant drafted a written statement stating “C Settlement Confirmation” that “as of June 30, 2015, the Plaintiff and the Defendant will terminate the operation of a partnership as of June 30, 2015, and will not bring a lawsuit against the date of the operation of the partnership.”
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 5, and purport of the whole pleadings
2. The plaintiff's summary of the plaintiff's assertion paid 20,000,000 won in cash to the defendant pursuant to the contract of the same case, and paid 11,00,000,000 won in the purchase cost of goods necessary for the business and 700,000 won in the opening cost.
Nevertheless, the Defendant did not distribute any proceeds under the instant trade agreement, and thus, on the grounds of the Defendant’s deception, cancelled the instant trade agreement and sought a return of unjust enrichment of KRW 31,700,000 that was paid as above.
3. In case where a dispute on a specific right or legal relationship of the defendant's prior defense on the merits has been agreed not to institute a lawsuit even if there exists a dispute, there is no benefit in the protection of rights.
(See Supreme Court Decision 92Da21760 Decided May 14, 1993, etc.). According to the above facts, the Plaintiff and the Defendant agreed to terminate the instant partnership agreement and to not file a civil lawsuit in relation to the instant partnership agreement on June 2015, as it is recognized that the Plaintiff and the Defendant agreed not to file a lawsuit in the future with respect to the instant partnership agreement. Thus, it is determined to be a subordinate agreement on the instant partnership agreement.
Therefore, barring any special circumstance, the instant lawsuit is unlawful as it violates the above written indictment agreement, and there is no benefit in the protection of rights.
For this reason, the Plaintiff’s agreement was made by coercion, such as the Defendant’s intimidation and abusiveism.