A. The Plaintiff and the Defendant jointly invested in the Republic of Korea in around 2006, and newly constructed a gas station on its ground by purchasing the land of Seongdong-gu, Changwon-si, Changwon-si, and completed the transfer and preservation registration of ownership on the above land and buildings under the name of the Defendant, and operated the gas station under the trade name of “D gas station” (hereinafter “instant gas station”).

B. On June 1, 2009, the Plaintiff and the Defendant drafted a partnership agreement (hereinafter “instant partnership agreement”) and the main contents are as follows.

Article 3 (Operation and Distribution of Profits) The defendant's right to operate the gas station of this case shall be divided into one half of each of the defendant and the plaintiff, after deducting employee's wages and retirement allowances, interest on loans, taxes and public charges, all kinds of expenses related to operation.

Article 4 (Restriction on Disposition, etc. of the Gas station in this case) When disposing of buildings, sites, goodwill, etc. of the gas station in this case, the defendant and the plaintiff shall obtain an agreement with the defendant and the plaintiff, and the defendant and the plaintiff shall distribute the remaining amount after deducting all kinds of taxes (business-related liabilities, taxes, capital gains tax, etc.) at the time of disposal.

However, the plaintiff shall pay to the defendant the amount of KRW 250 million borrowed from the defendant with respect to the purchase, etc. of the gas station, site, etc. of this case before being distributed (250 million won with respect to the money borrowed from the defendant (250 million with respect to the money to be paid as property division in the divorce and the claim for consolation money with E).

However, at present, the obligation to collateral security against Jinju Mutual Savings Bank is the defendant through consultation between the defendant and the plaintiff, but it is confirmed that the name is the joint obligation with the plaintiff.

C. On June 26, 2012, the instant gas station building and site were sold to Korea Energy Corporation due to voluntary auction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion is against the defendant.