1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 5, 2003, the defendant purchased 118 of the first floor of the building C (hereinafter "the store of this case") from 320 million won in the same year.

4. 9. Upon completing the registration of transfer of ownership in the name of the Defendant, the instant store operated a mutual title stamp, “D” by October 31, 2004, after completing the registration of business under the name of the Plaintiff on April 20, 2003 at the instant store.

B. On October 31, 2004, the Defendant leased the instant store to E, and around May 9, 2007, sold the said store to F in the purchase price of KRW 430 million, and the same year.

6.5. The registration of transfer of F's ownership has been completed;

[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 asserted that the plaintiff purchased the store of this case with the defendant around early 2003 and entered into a partnership contract with the operation of the head office. The defendant paid the purchase price of the store of this case to the defendant around August 30, 2002 and KRW 110 million that the plaintiff paid to the defendant around August 30, 2002, and the contract for the partnership was terminated as the defendant sold the store of this case to F.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 260 million after deducting the Defendant’s loans of KRW 170 million from the purchase price of KRW 430 million, which was paid after selling the instant store as the settlement of accounts for the same business as the Plaintiff and deducting KRW 170 million from the purchase price of KRW 430 million.

B. The facts that the Defendant registered the business under the name of the Plaintiff in the internal relations and operated the store of this case and used the Plaintiff’s account (Account Number G) in the name of the Plaintiff do not conflict between the parties. According to each of the evidence Nos. 6-3 and the evidence Nos. 11-1, the Plaintiff and three other parties, as well as HH, prepared a receipt stating that the Plaintiff and three others were paid KRW 150 million as service costs from C. H.N. development on August 30, 2002; and on September 2, 2002, KRW 110 million as the post office account (Account Number I) account under the Defendant’s name (Account Number I).