손해배상(기)
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be applicable.
1. The plaintiff and the defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to this court was presented, the fact-finding and judgment of the court of first instance excluding the part related to wages among the plaintiff's claims
Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the first instance, except for adding the judgment as set forth in paragraph (2) below to the Defendant's counterclaim claim as set forth in paragraph (3) below, and therefore, it cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure
2. The following is added to the part of the judgment of the court of first instance No. 6, No. 14, the following:
Since the Plaintiff received the above 45 million won investment from the Defendant immediately, the Plaintiff asserted that the Defendant’s obligation to return the investment amount under the instant secondary partnership agreement is not extinguished in light of the circumstances where: (i) the instant lawsuit was filed on October 11, 2016 after two years and four months have passed since the termination of the instant first partnership agreement; (ii) the Plaintiff demanded the Defendant to pay the investment amount of KRW 45 million before the instant lawsuit was filed; and (iii) the Plaintiff’s investment amount under the instant first partnership agreement was based on the Plaintiff’s input of the equipment owned by the Plaintiff to PSINE (see Article 3(5) of the instant first partnership agreement) and the Plaintiff and the Defendant did not claim that the Plaintiff’s obligation to return the entire investment amount of KRW 45 million, including the Plaintiff’s foregoing equipment under the instant secondary partnership agreement, was extinguished as the Plaintiff’s obligation to return the entire investment amount of KRW 200,000,000,000.
(b).