The defendant operated the clothing sales store D (hereinafter referred to as D) at the entry port of Manyang-si C underground shopping malls (hereinafter referred to as " underground shopping mall") in Ansan-si, and the plaintiff was an employee of the above D.

On February 9, 2012, the Plaintiff and the Defendant entered into a partnership agreement with the Defendant to invest a sum of KRW 40 million in the name of KRW 20,000,000 as the lease deposit and the premium, etc. for D and to provide business know-how and customers.

Profit and loss is distributed to 5:5, and when the plaintiff intends to withdraw during the period of his/her business (from the time when the place of business is no longer due to the occurrence of a problem), he/she may not claim to the defendant the distribution of investment amount of KRW 40 million and profit, and when the defendant requests the withdrawal of the plaintiff, he/she agreed to pay the investment amount of KRW 40 million and the distribution of profit.

On September 5, 2012, the Plaintiff and the Defendant opened E while moving underground stores to D-3.

On November 19, 2012, the Plaintiff operated a clothing sales store under the trade name “F” alone, when the Plaintiff leased A-1 underground shopping districts and opened the clothing sales store.

On March 4, 2013, the defendant terminated E's business.

[Ground of recognition] In the absence of dispute, Gap 1, 2, 4 evidence, Eul 1 to 4 evidence, and the plaintiff's assertion on the claim of main claim of the entire purport of the pleadings was made to withdraw from the partnership relationship by destroying trust relationship, such as hiding the profits of the plaintiff and deceiving the amount of D's premium.

Therefore, the defendant should return to the plaintiff the investment amount of KRW 40 million.

The defendant's assertion that the plaintiff paid KRW 35 million out of the investment amount of KRW 40 million and did not pay the remainder of KRW 5 million.

The plaintiff, in bad faith, embezzled profits, and opened the F, which is the same clothes sales store in violation of the Dong business contract in the vicinity of E, and reversed the partnership relationship, such as taking the clothing of E and raising the defendant's street.

Therefore, according to the business agreement, the plaintiff shall make an investment to the defendant 4.