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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts D, E, and F (hereinafter referred to as “D, etc.”) were created and sold with the trade name of G. However, on July 2, 2014, the Plaintiff entered into a business partnership agreement with D, etc. with the following contents (hereinafter “instant business partnership agreement”).
Article 3 [Contents of Business Partnership] (1) D et al. shall establish a Kimb manufacturing factory necessary for the external food franchise business with the financial support of the plaintiff.
(2) D, etc. and the plaintiff shall jointly establish a direct store in the subway stations.
The method of establishing a joint employment store is that the plaintiff is responsible for the lease deposit, and D, etc. is responsible for the store establishment.
Article 4 [Financial Support and Distribution of Profits] (1) The Plaintiff shall lend KRW 100 million to D, etc., and the period of lease shall be from July 2, 2014 to July 1, 2015.
(2) D, etc. shall pay 50 won per day for Kim Han-sung, which is shipped out of the subway station at the manufacturing plant during a grace period for which funds are provided to the Plaintiff.
(3) Profits from the distribution of profits under Article 3 (2) shall be 60% of profits, excluding all operating expenses, such as rents, personnel expenses, food materials, etc., and 40% of profits for the plaintiff.
④ From July 2, 2014 to the termination of the contract for food franchise business, D, etc. shall settle the profits and distribute them to the Plaintiff twice a month (15th day and last day) pursuant to Article 4(2) and (3), and the Plaintiff may confirm them.
-Special Agreements -
1. The profit from the establishment of a franchise outside the store, which the Plaintiff proceeds, is not allocated.
2. The internal and external test costs at the time of open opening of a common position shall be adjusted monthly after the opening.
The Plaintiff lent KRW 100 million to D, etc. on July 2, 2014 under the instant contract.
(hereinafter “instant loan claim”). D, etc. leased an office in the name of the Defendant to establish a company aimed at the external brand franchise business of G.