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1. All of the plaintiff's claims are dismissed.
2. The Seoul Northern District Court 2014Kagi2021 Suspension of Compulsory Execution.
Reasons
1. Basic facts
A. (1) On March 2008, the Plaintiff and the Defendant agreed to operate a restaurant (hereinafter “instant restaurant”) in Gangnam-gu Seoul with the trade name “D” (hereinafter “instant restaurant”) in Gangnam-gu, Seoul (hereinafter “instant Dong business”), the Defendant invested approximately KRW 13,00,000, and KRW 527,000,000, the Plaintiff’s total investment amount of KRW 80,000,000, and the Defendant agreed to take charge of the management and operation of the instant restaurant.
(2) Under the instant business agreement, the Plaintiff leased the Gangnam-gu Seoul and F ground buildings from March 1, 2008 to February 28, 201, the lease deposit amount of KRW 170,000,000, monthly rent of KRW 13,640,000, from March 1, 2008, and the Defendant entrusted the management and operation of the instant restaurant.
(3) The Plaintiff and the Defendant transferred the instant restaurant to G on June 21, 2010 KRW 390,000 for the premium of KRW 40,000,000. The Defendant received KRW 40,000 from G around that time, the Plaintiff received the remainder of KRW 350,000 from G on June 30, 2010, and received KRW 170,000 for the lease deposit from E after the termination of the existing lease contract.
(4) Around June 2010, the Plaintiff agreed to terminate the instant partnership with the Defendant, and paid KRW 100,000,000 to E the remainder of KRW 350,000,000,000 as above and the lease deposit of KRW 170,00,000,00,000 for the restaurant of this case, and KRW 27,280,000 for the restaurant of this case for June 5, 2010, and paid the Defendant KRW 3,00,00 for the settlement following the termination of the instant partnership agreement.
B. On March 5, 2008, the agreement of the instant Dong business was prepared, and on March 5, 2008, the Defendant and the Plaintiff set up a partnership business agreement with respect to all rights, investments, and income tax obligations for the instant restaurant at the ratio of 7:3 percent (hereinafter “instant partnership agreement”). The Plaintiff’s seal imprint in the agreement of the instant Dong business.