A. On July 27, 2012, the Plaintiff and the Defendants concluded a partnership agreement with the Plaintiff and the Defendants to jointly operate E sales stores (hereinafter “instant sales stores”) within Honam Expressway D Sticks (hereinafter “instant sales stores”) with each of the 55 million won investments, respectively.

B. On January 31, 2013, the Plaintiff and the Defendants withdrawn from the instant partnership agreement, and run the instant store. The Defendants returned KRW 55 million invested by the Plaintiff to the Plaintiff and agreed to pay KRW 250,000 per month as interest until the said amount is returned (hereinafter “instant agreement for termination of the partnership agreement”).

C. The Defendants paid only 3,650 out of the agreed amount from October 2013 to October 2016 pursuant to the instant agreement on the termination of the partnership business, and paid KRW 2,50,000 per month to October 31, 2016.

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

2. Judgment on the plaintiff's assertion

A. According to the above facts as to the claim for the agreed amount, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 55 million among the agreed amount of KRW 18.5 million and KRW 2.5 million each month from November 1, 2016 to the day of full payment.

B. As to the claim for damages, the Plaintiff, during the period of the instant partnership agreement, embezzled the Defendants’ arbitrary consumption of KRW 10,347,597,00,00 in total, and KRW 10,347,597, Oct. 5, 2012, and KRW 5,347,597, Oct. 5, 2012. Although the sales of the instant store did not incur any loss, the Plaintiff deceiving the Plaintiff that caused the loss of KRW 6,547,00, and embezzled the amount of KRW 3,273,50 for the purpose of settlement of losses. Accordingly, the Defendants are obligated to pay the Plaintiff damages based on the tort, as well as damages incurred therefrom.