1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate from February 14, 2017 to August 22, 2018, and the following.

1. Basic facts

A. On July 2013, the Plaintiff and the Defendant entered into a partnership agreement to operate a malicious factory with the trade name “C”, and the Plaintiff agreed to raise funds necessary for the establishment and operation of the factory, to manufacture and sell the goods exclusively, and to distribute the profits equally.

B. On September 5, 2013, the Plaintiff paid KRW 5,000,000,000 for the key money, and for the premium of KRW 2,00,000 for the premium when leasing a building necessary for the operation of the factory pursuant to the above business agreement.

C. The Plaintiff and the Defendant agreed to terminate the instant agreement on July 10, 2014 (hereinafter “instant agreement”). The Plaintiff transferred the right to lease and business of a factory building to the Defendant. The Defendant paid the Plaintiff’s investment amount to the Plaintiff, and all obligations arising from the operation of the factory are to be succeeded by the Defendant.

D Around 2015, the Plaintiff filed a lawsuit claiming KRW 7,627,475 of the price of the goods supplied to the above C (U.S. District Court Decision 2015 Ghana12950), and the above court rendered a judgment accepting D’s claim, and the court of appeal concluded adjustment that the Plaintiff pays KRW 7,00,000 to D was paid at the appellate court.

(The District Court 2016Na5853). (e)

On December 20, 2016, the Plaintiff paid KRW 5,000,000 to D, and D renounced the remaining claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff invested KRW 38,012,750, including deposit and premium, in accordance with the partnership agreement with the Defendant, and paid KRW 5,00,000 to D with respect to the factory operation.

Therefore, according to the agreement of this case, the defendant shall pay to the plaintiff 43,012,750 won (38,012,750 won) and damages for delay.

3. Determination

A. The fact that the Plaintiff and the Defendant agreed to pay the Plaintiff the Plaintiff’s investment money upon the instant agreement, and the Defendant agreed to pay the Plaintiff’s investment money.