The first instance court rendered a judgment that 84,384,655 won and 20% per annum from August 18, 2015 to September 30, 2015 and 15% per annum from the following day to the date of full payment, by citing the Plaintiff’s claim, with the exception of the partial damages for delay.

However, the Defendant did not appeal the part against the Defendant in the judgment of the court of first instance which cited the claim for ① investment amount, ③ KRW 5,968,354 out of the insurance amount, and the part which cited the claim for damages for delay, and the remainder of the revenue, ③ KRW 1,031,646 out of the insurance amount, ④ the sum of the settlement amount, ④ KRW 8,416,311, and the claim for damages for delay. The scope of the judgment of this court is limited to

2. Basic facts

A. On September 2013, the Plaintiff, the Defendant, and C decided to run a business together with the E F chain store located in Changwon-gu, Changwon-si D (hereinafter “instant restaurant”) by investing KRW 70,000,000,000, respectively.

(hereinafter referred to as the “ also-run agreement”). (b)

The Plaintiff, Defendant, and C paid monthly earnings on the 5th of the following month, but actually, they settled and distributed earnings on a three-month basis.

C. From September 2013 to September 2014, the Plaintiff operated the instant restaurant from that date to June 2015.

On May 11, 2015, the Defendant paid KRW 50 million to C, and KRW 20 million on May 18, 2018 of the same month, and on June 5, 2015, terminated a partnership agreement by taking over C’s shares on the instant restaurant from C.

【Ground of recognition】 dispute.