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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff and the defendant engaged in a partnership business and operated a restaurant.
The plaintiff and the defendant invested 65 million won each, and the plaintiff resided in Gyeonggi-do and manages the accounts and settlement money of customers, and the defendant operates the restaurant in Busan, and half the profits are divided.
On December 5, 2013, the Plaintiff and the Defendant opened a restaurant with the trade name “D” in Busan-gun, Busan-gun, Inc.
The above restaurant consists of high-tech sales business and general restaurants in the form of refined restaurant, and the business registration of high-tech sales business was made in the name of the plaintiff, and the business registration of general restaurant business was made in the name of the defendant or E.
Since business registration is divided, the sales have been deposited as follows:
- The sales of the fixed-term sales card: Deposits from the Plaintiff’s card company to the Plaintiff’s bank account - The sales of general restaurants - deposit from the card company to the Busan Bank account in the name of “E” (hereinafter “the instant card receipt account”): The cash sales of the fixed-term sales business and general restaurants: The Defendant deposited into the Busan Bank account in the name of “Dcafeteria E” (hereinafter “the instant cash receipt account”) every day by the Defendant transferred all the balance of the instant card receipt and cash receipt account to the Plaintiff at the end of each month.
If the Defendant claims to the Plaintiff various transaction expenses, such as food materials purchase, the Plaintiff remitted money directly to the transaction partner.
The Plaintiff settled the monthly income and paid half of the profits to the Defendant.
The instant restaurant was relatively funeral in the course of restaurant opening, but since 2015, the import has decreased, and around May 2015, sales have decreased rapidly, and the Plaintiff and the Defendant discontinued the instant restaurant on December 23, 2015.
[Ground of recognition] Facts without dispute, Gap 1-2, 4-8 evidence, Eul 1-2, 5-16 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is as follows.