1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who has run the leather sales business in the trade name of “C”, and the Defendant is a person who has run the oral liquid food processing business in the trade name of “D.”

B. On February 5, 2013, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with the content that each party’s shares are 50%, and jointly engaged in the business of processing and selling, such as liquid books, and operated the said business with the trade name “E” from around that time.

As property of the same business, the plaintiff invested the leather, and the defendant invested the machinery and equipment, factory lease deposit, etc. respectively.

C. On November 201, 2014, the Plaintiff pointed out the problems such as the management of the purchase and sale account books and the passbook, and notified the Defendant that he would withdraw from the instant Dong business relationship, and did not participate in the said business from November 30, 2014.

around that time, the Plaintiff received KRW 2.5 million from the Defendant on the ground of withdrawal from the partnership relationship.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, testimony of the first instance court witness H, purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) At the time of the termination of the instant business partnership agreement, there were financial assets (deposit), factory lease deposit, various machinery and equipment, and leathers as business assets. The Defendant is obligated to pay to the Plaintiff the amount equivalent to 50% of the Plaintiff’s share ratio in the instant business partnership agreement, out of the total amount of the said business partnership agreement, the amount calculated by deducting the amount of the said business assets from the amount equivalent to 50% of the Plaintiff’s share ratio under the instant business partnership agreement. (2) Although the business profits accrued during the period of the instant business partnership agreement, the Defendant did not appear to have accrued from operating losses by means of excessively appropriating the account books, and did not distribute the said operating profits to the Plaintiff. The Defendant amounting to 50% of the Plaintiff’s share in the business profits accrued from the business partnership relationship