1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The facts subsequent to the facts of the foundation may be acknowledged by taking into account the overall purport of the pleadings in each entry in Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, Eul evidence No. 4-1, and Eul evidence No. 2.

The Plaintiff, Defendant B, and D invested KRW 20,00,000, KRW 135,000,000, and KRW 30,000,00, respectively, to acquire and operate Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

The plaintiff, defendant B, and D acquired the defendant company's shares of 12,000 shares, 70,000 shares, 18,000 shares, respectively.

B. On July 10, 2012, the Plaintiff was appointed as the representative director of the Defendant Company, but resigned on October 23, 2013, and was appointed as the auditor on the same day.

Defendant B, on July 10, 2012, was appointed as an internal director of the Defendant Company.

D was appointed as an auditor of the defendant company on July 10, 2012, but on October 23, 2013, it resigned and was appointed as a representative director.

2. The plaintiff's assertion and judgment

A. The part on the claim for return of KRW 20,000,000 (1) of the Plaintiff’s assertion (A) invested KRW 20,000,000 to Defendant B in order to acquire the Defendant Company at Defendant B’s proposal.

(B) The Plaintiff was appointed as the representative director under the name of the Defendant Company and E Company operated by Defendant B, but Defendant B had Defendant B resign on October 23, 2013, and on May 18, 2015, the representative director of E Company required to resign.

(C) Accordingly, the partnership agreement between the Plaintiff and the Defendant B was terminated on May 18, 2015.

As such, Defendant B is obligated to pay to the Plaintiff the above investment amount of KRW 20,000,000 and damages for delay.

(2) In the case of a partnership agreement such as a partnership agreement, it can only request dissolution of the partnership, withdraw from the partnership, or dismiss another union member, and it cannot be said that the partnership agreement is cancelled or terminated as in a general contract and the other party bears the obligation to restore its original status.

Supreme Court Decision 201No. 11.6.