1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant jointly operated general restaurants in the name of “D (E)” in the building located in Daegu-gun C.

(hereinafter referred to as the “instant store”). B.

On October 20, 2010, the Plaintiff paid KRW 250,000 to the instant store’s investment amount. On October 20, 2010, the representative between the Defendant and the Defendant is the Defendant, the joint business share is the Defendant 50%, and the Plaintiff 50%, and all profits and expenses are distributed according to the share of shares.

C. Accordingly, the Plaintiff and the Defendant completed the joint business registration on October 20, 2010, and thereafter, the Plaintiff and the Plaintiff’s wife F have been in charge of accounting affairs such as customer reception, neglect, and kitchen day in the restaurant, and the Defendant has been in charge of restaurant sales, purchase, income return, and sharing of earnings.

On June 2011, the Plaintiff received 10% of the Defendant’s shares from the Defendant, etc., but the Plaintiff and the Defendant transferred the above D restaurant to a third party on or around March 2015, and terminated the above D restaurant business contract.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, 3, Gap evidence 4-1 to 15, Gap evidence 7, 8, Eul evidence 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts as follows.

1. At the time of the commencement of the above business, the Defendant: (a) requested the Plaintiff to bear KRW 250,00,000,000, total of KRW 80,000 and KRW 420,000,000 for the establishment of the store in this case; and (b) requested the Plaintiff to bear KRW 250,000,000, which is the half of the amount; (c) the Plaintiff paid KRW 250,00,000 to the Defendant; and (d) the amount paid for the interior expenses, etc. after the confirmation, was only 180,135,718. Thus, the amount paid for the interior expenses, etc. was less than KRW 319,864,282, which is the difference between the interior expenses by deceiving the Plaintiff, and thus, the Defendant acquired KRW 159,932,141, which is 50% of the total amount of KRW 50,000,00.