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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 12, 2010, the Plaintiff entered into a partnership agreement with the Defendant to jointly operate a gas station in the name of “D” in Incheon City (hereinafter “instant partnership agreement”) and then appointed E as a person in charge of management and appointed F as a person in charge of accounting and operated the gas station jointly.
B. The Plaintiff and the Defendant terminated the instant partnership agreement at the end of October, 2014.
【Unsatisfy-based dispute, Gap evidence 1-2, 3
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.
① The Defendant did not pay the settlement amount of KRW 33,270,394 by November 30, 2014 when terminating the instant partnership agreement. As such, the Defendant is obligated to pay the settlement amount, even though it agreed to pay the settlement amount by November 30, 2014.
② On February 11, 2015, the Defendant loaned KRW 10.6 million by using the credit card and credit card information held by the Plaintiff while engaging in the same business with the Plaintiff, and deposited KRW 16 million with G as the Plaintiff’s Hyundai Card on March 3, 2015.
The defendant shall compensate for the damages caused by deceptioning the plaintiff without the intention to repay the above loan, and the defendant shall compensate for the damages.
③ Even after the termination of the instant partnership agreement, the Defendant owned the credit card in the name of the Plaintiff without returning it, and paid 6.30,000 won for the supply of petroleum at AS refinery Co., Ltd. on September 15, 2015, and paid 4,312,00 won for the supply of petroleum at H on October 16, 2015. As such, the Defendant is obligated to return unjust enrichment.
④ Even after the termination of the instant agreement, the Defendant had E continue to use the mobile phone and siren in the name of the Plaintiff, and had the Plaintiff pay KRW 561,580, including the mobile phone rental fee of KRW 3,193,520, and the mobile phone rental fee of KRW 225,00,000.