1. The plaintiff's claim against the defendants is dismissed.

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

1. The Plaintiff and the Defendants agreed to jointly operate a “D” restaurant. Accordingly, on November 11, 2008, the Plaintiff entered into a franchise agreement with the “E store” (hereinafter “instant restaurant”) and directly operated the instant restaurant. Defendant B 130 million won and Defendant C invested KRW 40 million, respectively.

around December 2013, Defendant B filed a complaint with the Plaintiff on the charge of embezzlement related to the operation of the instant restaurant, and during that process, the relationship between the Plaintiff and the Defendants was resolved.

The Defendants transferred the instant restaurant at KRW 200 million to F around February 2014.

From August 20, 2010 to August 10, 2013, the Plaintiff was sentenced to a conviction of four months of imprisonment on April 6, 2016 due to the crime of occupational embezzlement in which he/she consumed total of 60,833,250 won, including the sales amount of the instant restaurant, for personal purposes without settling accounts with the Defendants, and the said judgment was all dismissed and finalized.

[Grounds for recognition] The facts without dispute, Gap's evidence 3-2, Gap's evidence 4, 6, Eul's evidence 1, 5, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. On the premise that the total amount of profit from the business is KRW 647,471,196, including the transfer amount of the instant restaurant, the Plaintiff asserts that the Plaintiff should receive payment from the Defendants, except KRW 34,572,00 (excluding KRW 41,931,00 and KRW 23,951,096 that the Plaintiff already received from the Plaintiff from the Plaintiff’s 30% (=647,471,478 won x 0.3,572,00 won) equivalent to the Plaintiff’s profit distribution ratio, among which the Plaintiff’s total profit from the business is KRW 647,47,471,358 (excluding those that should be separately settled for the reason that the Plaintiff’s 41,931,000 and KRW 23,951,096 used for credit card settlement).

B. Where the association is dissolved due to the achievement of its purpose, etc., there is no remaining business of the association to separately dispose of its remaining assets; Provided, That where only the distribution of its remaining assets remains, each association member shall have its remaining assets without requiring separate liquidation procedures.