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

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. The Plaintiff, as a general partner of a limited partnership D (hereinafter “private teaching institute”) located in Nam-gu, Nam-gu, Dong-gu, Seoul, is operating the said private teaching institute, and the Defendant is punished.

B. On or around April 2012, the Defendant started the new construction work to operate the wedding hall (hereinafter “instant wedding hall”) in the name of G from the same Gu E, a place adjacent to a private teaching institute (hereinafter “instant wedding hall”), and around March 2013, the preparation for the opening of the business was closed.

C. The Defendant, having experienced difficulties in raising additional funds at this time, was to receive the shortage from the Plaintiff, a parent, through the arrangement of his/her parents. Accordingly, the Plaintiff’s total sum of the amount of insurance terminated under his/her name and the amount of money borrowed under the name of a private teaching institute from the financial institution from March 29, 2013.

4. up to 15. A total of KRW 1.3 billion was paid to the Defendant.

On July 3, 2013, the Plaintiff entered into a partnership agreement with the Defendant with respect to the operation of the instant wedding hall (hereinafter “instant partnership agreement”).

Article 1 [Duty of Contribution] “A” shall invest real estate in the location of the place of business, and “A” shall provide funds worth KRW 00 million necessary for running the business.

Article 3 [Obligation to Share Profits A] “A” shall distribute profits equivalent to 30% of the limited operating costs, such as taxes and public charges, to “B” each month.

E. However, on July 10, 2013, a written agreement between a private teaching institute and the Defendant, which provides that loans shall be KRW 2.5 billion, the date of loan shall be July 10, 2013, the due date shall be July 10, 2020, and interest shall be paid at the rate of 5% per annum from the following day of the loan (hereinafter “instant agreement”) to the effect that the said agreement prepared at the time is “instant agreement” and the contents stipulated in the said agreement shall be “instant agreement”.

F. A private teaching institute shall conclude the instant agreement.