손해배상(기)
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The reasoning for the court’s explanation of this case is as follows, except for adding the judgment as set forth in paragraph (2) below to the argument that the defendant raised an appeal and brought in the trial of the court of the first instance, and therefore, it is identical to the entry of the reasoning of the judgment of the court of the first instance in accordance with the main sentence of Article 4
2. Additional determination
A. Since the agreement on the instant health club between the Plaintiff and the Defendant was terminated due to the reasons attributable to the Plaintiff, the Plaintiff is obligated to pay to the Defendant the amount of KRW 28,000,000 and the delayed payment damages for the said amount.
B. As for the partnership agreement, such as the agreement of a partnership, a request for dissolution of a partnership, withdrawal from a partnership, or expulsion of other union members can only be made, and the partnership agreement cannot be terminated as in a general contract, and the other party cannot bear the obligation to restore its original state (see, e.g., Supreme Court Decision 94Da71517, May 13, 1994). Thus, even if the Defendant sells the instant health club to the Plaintiff and can claim the remaining assets of the association after the occurrence of the termination of the agreement, it is difficult to view that it has the right to claim the return of the outstanding investment amount to the original state due to the termination of the agreement.
Therefore, this part of the Defendant’s assertion is without merit on different premises.
3. In conclusion, the defendant's counterclaim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.