투자금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this
Therefore, the judgment of this court is based on the reasoning of the judgment of the court of first instance.
Pursuant to the main sentence of Article 420 of the Civil Procedure Act, the Defendant’s 2nd sentence “D” used the “D” as “H” house (trade name: H; hereinafter “D”) and the Defendant’s 2nd sentence is identical to the reasoning of the first instance judgment, except for the addition of the judgment as to the allegations added by this court under the following paragraph 2.
2. Additional determination
A. The defendant's assertion, if the other party who entered into a partnership agreement on D points and F points is the plaintiff, the plaintiff is obligated to pay the settlement amount to the defendant following the termination of the partnership agreement related to D points as follows.
Therefore, the defendant set off the plaintiff's claim against the defendant as the claim for the above settlement of accounts against the plaintiff.
① The settlement amount under Articles 2 and 3 of the Agreement on the Termination of Trade (Evidence No. 10, Jan. 11, 2016) entered into between the Plaintiff and the Defendant on January 11, 2016: KRW 21,757,117 [The amount equivalent to the Defendant’s share (50%) out of KRW 15,00,000 (50%) of the amount equivalent to the Defendant’s share (50%) out of KRW 13,514,235 of the balance of the lease deposit amount of KRW 13,514,235] ② The amount equivalent to the Plaintiff’s share (50%) out of the amount equivalent to KRW 2.5 million to the Plaintiff’s share (2.5 million x 0.5 million) among the amount of goods supplied to the supplier of food materials related to D stores. < Amended by Act No. 25000, Mar. 4, 2000>
B. Determination-based Partnership Termination Contract: A: B B and B terminate the Partnership Agreement with 50% A at the workplace of “H” located on the J1st floor in Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, and 50% shares of “H” as of January 11, 2016, and conclude a contract as follows:
- - Sound
1. The agreement on the partnership business at the same place of business shall be terminated as of 11 January 2016;
2. The foregoing.