2. After an appeal is filed.

A. On November 18, 2012, the Plaintiff, the Defendant, and C had a store operated by the Defendant (hereinafter “instant store”) in the name of “E” on the first floor and underground floor of Gangdong-gu Seoul, the Plaintiff’s mother owned, as the Plaintiff’s mother, to operate as a partnership business, and written an agreement with the following contents.

① In running the instant store for two years from November 26, 2012 to November 26, 2014, Plaintiff 40%, Defendant 40%, and C20% shares are equally owned, and is equally responsible for the distribution of net profit of the total sales and the shares at the time of business loss.

② When the Defendant withdraws shares prior to the contract period, 50% of the premium received at the time of selling the store of this case shall be equally distributed.

B. After the establishment of the instant store, the Defendant was in practical charge of the operation of the instant store, and on November 30, 2012, the opening of the instant store began with the trade name “F” under the said business agreement, but there are many persons, and the business was terminated, and the business was resumed on March 20, 2013 by changing the trade name to “G” but the deficit was also accumulated.

C. Upon continuous accumulation by the enemy, the Plaintiff notified the Defendant of his/her intention to withdraw from the partnership agreement on June 2013, and left Korea on January 4, 2014 without engaging in business.

Around September 2013, the Defendant changed the instant store to “H” and continued to conduct business operations for a period of one year, and transferred H’s goodwill to I at KRW 250 million on September 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. On November 18, 2012, the Plaintiff and the Defendant agreed to receive 50% of the premium at the time of selling the instant store prior to the period of the instant store operation. Since the Defendant sold the instant store in KRW 250,000,000, the Defendant sold the said store to the Plaintiff, the amount of KRW 125,000,000, which corresponds to 50% of that amount.