A. On September 2015, the Plaintiff introduced the Defendant, the father of Nonparty C, and decided to operate the restaurant (trade name: D; hereinafter “instant restaurant”) together with the Defendant.

(hereinafter “instant partnership business”). (b)

On November 26, 2015, the Plaintiff deposited KRW 35 million into the account under the name of the Defendant for the operation of the restaurant of this case. On February 17, 2016, the Plaintiff paid KRW 25 million to E for the construction cost as the interior of the business leased for the operation of the restaurant of this case, and the same year.

3.17.As a price for a signboard, 4,622,00 won was paid to F.

After that, around March 20, 2016, the Plaintiff paid the Defendant a sum of KRW 20 million in cash and cash.

C. Ultimately, for the operation of the restaurant of this case, the Plaintiff invested a total of KRW 84,622,000 (=35,000,000 KRW 25,000,000) in KRW 4,622,000. KRW 20,000.

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

2. Determination:

A. On July 31, 2016, the Plaintiff and the Defendant agreed to completely withdraw from the instant trade relationship, and the Defendant agreed to settle the Plaintiff’s shares at the time of withdrawal.

이에 피고는 2016. 7. 31.까지 4,000만원의 적자를 손익분배비율에 따라 원고의 손실부담분을 2,000만원으로 계산하여 원고에게 출자금 84,622,000원에서 탈퇴시점 정산 손실액 2,000만 원을 공제한 상당액인 6,500만 원을 정산하여 주기로 약속하였다.

However, if the Defendant did not pay the settlement amount agreed upon to the Plaintiff, the Defendant demanded to lower the settlement amount of KRW 60 million. Ultimately, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 60 million as the settlement amount on November 1, 2006.

Therefore, the defendant is obligated to pay to the plaintiff the 60 million won agreed upon with the settlement of accounts and damages for delay.

B. The settlement of accounts asserted by the Plaintiff regarding the issues.