1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. C, with D around January 2014, opened and operated Seocho-gu Seoul, Seocho-gu, Seoul E and 1st floor Fmate, to have profits divided into profits, and D to bear the costs of the goods and operation of the Fmate, and C to bear the Fmate’s deposit for lease and the human body cost.

B. C and D, on February 10, 2014, registered a business with respect to FE in the name of G, which is the seat of D, and operated a marina business. The Defendant participated in the operation of FE while investing KRW 150 million from May 2014 to August 2014, and completed the business registration with respect to FE in the name of the Defendant on May 1, 2015.

C. On November 18, 2014, the Plaintiff loaned KRW 85 million to C, and thereafter, on November 18, 2014, a notary public drafted a notarial deed under the Promissory Notes No. 579 (e.g., par value amount: KRW 100,000,000, and issuer: C).

On July 26, 2016, the Plaintiff received a claim for the amount of KRW 100 million from the original copy of the notarial deed of a promissory note as the amount of the claim, and as to the amount of the settlement deposit claim under the same business contract that C has against the Defendant, the Plaintiff received a seizure and collection order, and the above claim seizure and collection order was served on the Defendant on August 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion C invested 350 million won in the Fran Operation, and registered business in the name of E-friendly D and Dong, and around 2015, the Defendant participated in the same business relationship and operated the business as the Defendant.

Accordingly, C, D and the defendant can be said to have constituted a partnership under the Civil Act, and the defendant dealt with the necessary work outside the country as a manager of the business.

Therefore, the Plaintiff received a collection order for KRW 100,00,000, out of the settlement money claim against the Defendant in the deed of promissory notes drawn up by lending funds to C.