1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. Appeal costs and ancillary costs.

1. Basic facts

A. The Plaintiff is the mother of E who was in a de facto marital relationship from November 2014 to October 2016, and F is the mother of Defendant B.

B. On December 11, 2015, the Plaintiff transferred KRW 120,000,000 to Defendant C’s financial account; KRW 80,000,000 on March 11, 2016; and transferred KRW 20,000,000 to Defendant B’s financial account on September 8, 2016.

C. On February 18, 2016, a partnership agreement was prepared between the Defendants, which covers 50% of their respective investment ratios, and Defendant C, together with the money received from the Plaintiff and the money invested by Defendant B and F, was prepared to open a main place of business.

Accordingly, on February 18, 2016, Defendant B leased KRW 35 million for the lease deposit, KRW 5 million for the leased deposit, and KRW 5 million for the rent-on monthly. On March 8, 2016, Defendant B began to operate the main store (hereinafter “instant main store”) with the name of “D” registered in the name of the Defendants on March 8, 2016.

Defendant C operated the instant main points and did not participate in the main points operation from May 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Gap evidence 6-13 (including each number in case of additional evidence) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Mainly, the Plaintiff’s transfer of KRW 140 million to the Defendants is the Plaintiff’s lending of the operating capital of the instant main point. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff a loan of KRW 140 million and the damages for delay thereof pursuant to Article 57 of the Commercial Act.

B. Preliminaryly, there was a partnership relationship between the Plaintiff and the Defendants with respect to the instant main points. At present, the instant main points were operated independently by Defendant B, and the Plaintiff was no longer involved in the instant main points, and thus, the said partnership was terminated. Accordingly, the Plaintiff paid KRW 140 million as part of the settlement amount against Defendant B.