1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

In the first instance court, the Plaintiff filed a claim for the payment of KRW 7,500,00 against the Defendant for two of the movable property and telephone numbers indicated in the separate sheet, two of the delivery terminal, and KRW 7,500,000. The court of first instance rendered a judgment of partial acceptance that “the Defendant shall deliver to the Plaintiff, deliver to the Plaintiff the movable property indicated in the separate sheet, and pay KRW 220,000, and damages for delay.”

In this regard, only the plaintiff appealed to the part against 7,280,000 won out of the claim for payment, so the judgment of this court is limited to the above part of the claim for payment.

Plaintiff’s assertion

On August 19, 2012, the Plaintiff and the Defendant entered into a partnership agreement to jointly operate a restaurant in the name of “D” at the store in Namyang-si, Namyang-si, and operated the restaurant by investing KRW 7,500,000 in the virtual bulletin facilities, etc.

However, on August 2014, the Plaintiff withdrawn from the partnership with the Defendant’s intent to discontinue the partnership. The Defendant is obligated to pay KRW 7,500,000,000, which is the Plaintiff’s investment portion and the amount less than 50% of the current asset value, to the Plaintiff.

Judgment

The fact that the Plaintiff and the Defendant entered into a partnership agreement with each other to jointly operate a restaurant (hereinafter referred to as “D”) under the trade name “D” on August 19, 2012 is either a dispute between the parties or can be recognized based on the evidence No. 1, since the Plaintiff and the Defendant entered into a partnership agreement with each other around August 19, 2012.

According to Article 716 of the Civil Act, a cooperative member may, in principle, withdraw from the cooperative at any time when the term of the cooperative has not been specified, and even when the term of the cooperative has been specified, a cooperative member may withdraw from the cooperative where any inevitable reason exists. In this context, a cooperative member’s withdrawal goes beyond the status of a cooperative member in the future.