A. On September 2019, the Plaintiff leased and agreed to jointly operate the Italian Lestop, “E” in the instant commercial building, the Defendant-owned (hereinafter “instant commercial building”) and divide investment profits (hereinafter “instant trade agreement”), and the Plaintiff invested KRW 35 million (hereinafter “instant investment amount”).

On September 6, 2019, the Plaintiff entered into a contract, including a special agreement between the Defendant and the Defendant that the Plaintiff leases the instant commercial building from the Defendant to the lease of KRW 20 million per month (payment on September 15, 201), KRW 1 million per month (payment on September 15, 2019), and the lease period from September 15, 2019 to September 14, 2021, and that the Plaintiff and the Defendant shall each bear one-half as a joint lessee a deposit and a rent (hereinafter “instant lease agreement”).

B. On November 27, 2019, the Plaintiff agreed to terminate the instant partnership agreement with the Defendant, and concluded an agreement with the following content (hereinafter “instant agreement”).

Next, the Defendant shall refund the instant investment money to the Plaintiff by February 5, 2020.

The Plaintiff’s rescission of the instant club business contract, and did not assert any right to the instant commercial building, and the monthly rent contract shall be discarded.

The outstanding amount of all material construction works shall be borne by the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the investment amount of KRW 35 million and delay damages thereof in accordance with the agreement of this case, unless there are special circumstances.

B. The defendant's assertion is asserted by the plaintiff's coercion that the contract of this case was concluded by the defendant, but there is no evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

The defendant has terminated the partnership business contract of this case.