A. On November 20, 2015, the Plaintiff and the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that jointly operates the “Dart” located in C at a port of entry, and the Plaintiff shall pay KRW 200 million to the Defendant (Article 1), the Defendant shall operate the said marina (Article 2), the Defendant shall pay 50% of the sales income to the Plaintiff from November 20, 2015 to the completion of the contract (Article 3), and present balance sheet (Article 5), and the Defendant shall pay the Plaintiff the amount of KRW 2% of the monthly amount of the Plaintiff’s investment (200 million won per month) to the Plaintiff (Article 5), and ④ In such cases, the Plaintiff shall be deemed to have fulfilled the obligation under the partnership agreement or have incurred losses for three months or more without the highest date.

In addition, when the contract is terminated or terminated, the defendant agreed to pay the amount of the plaintiff's investment (200 million won) within 30 days (Article 9).

B. From November 20, 2015 to January 8, 2016, the Plaintiff paid to the Defendant the amount of KRW 200 million invested under the instant agreement.

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

2. Determination

A. The Plaintiff’s assertion should pay to the Plaintiff the remainder of KRW 130,00,000 (=176,000,000 - KRW 46,000,000), excluding the Plaintiff’s paid KRW 46,00,000, out of the total agreed amount of KRW 176,000 from November 20, 2015 to July 19, 2019 under Article 5 of the instant agreement.

In addition, the plaintiff cancelled the partnership agreement of this case by the delivery of the complaint of this case, and the defendant should return the amount of 200 million won invested to the plaintiff as the reinstatement.

Therefore, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and damages for delay.

B. First of all, the Plaintiff is seeking the payment of the agreed amount against the Defendant, and thus, the health team and the above facts of recognition.