1. The Defendant’s KRW 3,280,00 and the Plaintiff’s annual rate of KRW 5% from March 14, 2018 to August 20, 2019.

1. The summary of the instant case and the Defendant concluded a partnership agreement with each other under which both parties jointly operate marina business establishments (hereinafter “D marina business establishment”) in Bupyeong-gu Incheon Metropolitan City and jointly operate and divide profits therefrom (hereinafter “instant partnership agreement”) on January 26, 2018, and the fact that the said marina business establishment was opened on February 26, 2018 is no dispute between the parties.

2. Part concerning a claim for payment of KRW 23,402,80,000, out of the amount invested (43,802,880);

A. The gist of the cause of the claim is to seek reimbursement of KRW 23,402,80,000, excluding KRW 20,400,000, which was recovered on March 21, 2019, from the Plaintiff’s total investment amount of KRW 42,802,880, which was recovered on March 21, 2019, for the following reasons: (a) the Plaintiff asserted that the instant Dong business contract was rescinded due to the Defendant’s cause attributable to the Defendant (an assaulting the Plaintiff, damage to the Plaintiff’s property, and unilaterally exclude the Plaintiff from the business).

B. Determination 1) As for the partnership agreement as referred to in the partnership agreement of this case, in principle, claims for dissolution of the partnership, withdrawal from the partnership, or expulsion of other union members cannot be made (see, e.g., Supreme Court Decisions 86Do2566, May 12, 1987; 94Da7157, May 13, 1994; 94Da7157, May 13, 1994). It is separate from seeking the return of investment shares after the liquidation procedure following the termination of the partnership agreement of this case, the Plaintiff may not demand the Defendant, who is a union member, to return the full amount of investment under his/her own name when cancelling the partnership agreement of this case. However, in the partnership relationship of two parties, one of them invests in the partnership relationship of two parties, namely, after making an investment under the agreement.