1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On January 1, 2010, the Plaintiff: (i) leased the instant store from the F, the owner of the store located in Yongsan-gu Seoul Metropolitan Government and the second floor (hereinafter “instant store”); and (ii) leased the instant store from January 1, 2010 to December 30, 2012; and (iii) completed the Plaintiff’s business registration of EG in the name of the Plaintiff’s wife, and operated the instant store as the main store.

【H” has been operated in the vicinity of the above store from around 2011.

B. (i) The Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant: (a) provided the instant store; and (b) agreed that the Defendant entered into a partnership agreement with the Plaintiff, which assumes the responsibility for operating the instant store and divide profits from the said store; and (c) the Defendant started the interior works from May 2013 to June 2013 at the instant store.

on July 31, 2013, the Plaintiff and the Defendant drafted a partnership agreement with the following contents:

(hereinafter the foregoing arrangement between the Plaintiff and the Defendant (hereinafter referred to as the “instant partnership agreement”). The Plaintiff (A) and the Defendant (B) enter into a contract on the distribution of profits arising from the management of the “D” located in Yongsan-gu Seoul Metropolitan Government 2nd floor C as follows:

Article 1 [Purpose of Contract] A aims to provide B with a place of business, and B with the initial test remodeling and business necessary for the management of D, and to provide for all matters necessary for the distribution of profits arising therefrom with A.

Article 2 [Preservation Property in B] The amount of facility investment made into D’s interior remodeling shall be as follows:

(A) The amount of investment in the facility shall be recognized from the date of commencement of the business until the date when the contract is terminated, and at the time of termination of the contract within two years after the depreciation.