1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 22, 2011, the Defendant and C entered into a contract for transfer and takeover of rights with the content that the Defendant acquires from C the business rights of the first floor store located in Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant real estate”) from C in the premium of KRW 100 million.

In addition, on December 10, 201, the Defendant concluded a lease agreement with the owner E of the instant real estate and the instant real estate to lease the lease deposit of KRW 180 million and KRW 5 million per month of rent.

B. On November 22, 201, the Plaintiff paid KRW 100 million to the said C, including KRW 30 million, and KRW 70 million on December 10, 201, and paid KRW 50 million to the said E on December 10, 201, and KRW 18 million on December 21, 201, and KRW 2 million on December 21, 201.

C. On January 12, 2012, the Defendant is operating a creative restaurant (hereinafter “instant restaurant”) with the trade name “F” from January 18, 2012 after completing business registration under his/her name.

From April 2015 to June 2015, the Defendant returned KRW 150 million to the Plaintiff as stated in the foregoing Paragraph (b).

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and the Defendant jointly run a creative restaurant by investing KRW 150 million each in April 201, and concluded a partnership agreement with the content that business registration is made in the name of the Defendant and the operating revenue is distributed at the rate of 1:1.

Under the above agreement, the Plaintiff invested KRW 150 million and paid KRW 100 million in premium and KRW 50 million in lease deposit. From January 18, 2012, the Plaintiff maintained two partnership relations with the Defendant while jointly operating the restaurant in this case.

However, since December 2014, the Defendant did not distribute the operating revenue to the Plaintiff, and returned KRW 150 million to the Plaintiff, and expressed his/her intent to reverse the agreement.

On June 2015, the Plaintiff notified the Defendant of the termination of the partnership agreement, and the copy of the complaint in this case.