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1. The judgment of the court of first instance is modified as follows:
(1) Defendant B, as well as KRW 6,693,44,00,00 for the Plaintiff.
Reasons
1. (1) From July 2003, Defendant B and the Plaintiff’s sentence D jointly operated the automobile maintenance and industry company (hereinafter “instant industrial company”) under the trade name “F” in Suwon-si E from Suwon-si, Suwon-si from July 2003. The business registration was made in the name of D’s name.
(2) On February 24, 2005, the Plaintiff, Defendant B, and D entered into a business agreement with the Plaintiff (hereinafter “instant business agreement”) with the head of the instant industrial company, to additionally operate the automobile precision inspection site (hereinafter “the chief of the instant industrial company”). On February 24, 2005, the share ratio of the operation of the chief prosecutor of the instant industrial company (excluding the operation of the instant industrial company), to Plaintiff 30%, Defendant B35%, and D35%, and to distribute profits from the said operation in proportion to their share ratio. The Plaintiff agreed to contribute KRW 80 million in return for the said share ratio (hereinafter “instant business agreement”).
(3) On February 25, 2005, the Plaintiff transferred the amount of KRW 80 million invested in the instant partnership agreement to G account. Since then, the chief prosecutor of the instant case operated with Defendant B, and the Plaintiff did not participate in the operation thereof.
(4) Around April 2010, the Plaintiff appears to have been in the position of undisclosed partner under the Commercial Act. Around April 10, 2010, the Plaintiff requested the Defendant B to adjust shares in the industrial company and chief prosecutor of the instant industry company and chief prosecutor. Accordingly, Defendant B paid KRW 200 million to D on April 14, 2010 (return) and until December 31, 2010, the name of the instant industrial company’s business operator was changed from G, and the funds borrowed at the time of operation of the instant industrial company and chief prosecutor (including the above KRW 80 million) are the responsibility of the Defendant B.
“A letter of commitment has been issued, and D thereafter has discontinued the joint operation of the instant industrial company.
(5) The defendants paid to D part of the above amount of KRW 200 million, and D is the remaining money against the defendants.