1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

1. Basic facts

A. On July 2014, the Plaintiff and Defendant C entered into a contract to operate a restaurant (hereinafter “instant restaurant”) among the “E” located in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “E”), and opened the said restaurant on August 1, 2014.

B. On January 12, 2015, the Plaintiff completed the business registration of the instant restaurant, and then revoked it again, and Defendant B completed the business registration of the instant restaurant on January 26, 2015.

Since then, the plaintiff did not participate in the restaurant business of this case, and the defendant C has operated the above restaurant until December 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7, entry of Eul evidence 3, 10, and 11 (including paper numbers) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. During the period of the pertinent business, the Plaintiff: (a) transferred KRW 51,534,00 to the Defendants by account transfer; and (b) lent KRW 77,171,536 to the Defendants a total of KRW 25,637,536 by allowing the Defendants to use the Plaintiff’s card; and (c) thereafter, (d) received reimbursement of KRW 37,691,000 from the Defendants.

Therefore, the Defendants are jointly and severally liable to pay the remainder of 39,480,536 won and damages for delay to the Plaintiff.

B. Since the Plaintiff’s preliminary claim was excluded from the partnership agreement on January 26, 2015, the Defendants are obligated to refund the amount invested by the Plaintiff to KRW 51,534,000 and delay damages therefor.

3. Determination

A. The plaintiff to determine the claim against the defendant B is not the borrower against the plaintiff, but the defendant B is not the partner of the restaurant of this case. Thus, the claim against the defendant B is without merit.

(The plaintiff withdrawn the lawsuit against the defendant B, but the defendant B did not consent thereto). (B)

If a claim against Defendant C is transferred to another person’s deposit account in judgment on the primary claim, the remittance is various, such as a loan for consumption, a gift, a repayment, a simple delivery.