1. The Defendant shall pay KRW 10,920,00 to the Plaintiff KRW 5% per annum from August 14, 2013 to December 19, 2014, and the next day.

1. Determination as to the cause of claim

A. The Plaintiff and the Defendant agreed to jointly carry on the relevant alcoholic beverage wholesale business, and acquired the pertinent alcoholic beverage wholesale business license from C, and the Plaintiff fully borne the acquisition price of KRW 50 million.

In addition, the plaintiff provided additional 20 million won as the operating expenses of the above Dong company.

However, the plaintiff later withdrawn from the above Dong company on May 2010 because it does not fit the meaning with the defendant.

At the time of withdrawal, the defendant agreed to return the plaintiff's above investment amount of KRW 50 million.

On the other hand, the defendant disposed of the alcoholic beverage transportation vehicle, which is the property of the above company, in the amount of KRW 4 million and KRW 2 million, respectively.

Therefore, the defendant is obligated to pay to the plaintiff the above investment amounting to KRW 50 million, KRW 13 million which was not recovered, and KRW 3 million which is equivalent to KRW 50 million of the disposal price of the above alcoholic beverage transport vehicle and KRW 28 million which is equivalent to KRW 50 million of the disposal price of the above alcoholic beverage transport vehicle and KRW 3 million which is equivalent to KRW 50 million of the disposal price of the above alcoholic beverage transport vehicle.

B. (1) Investment is always accompanied by the risk of loss of principal in relation to the investment funds and operating funds, and the Plaintiff, an investor with the Defendant, as an investor to the same enterprise, cannot seek the return of the investment principal or the operating funds of the same enterprise against the Defendant, unless there exist special circumstances such as the agreement to return the investment funds.

There is no evidence to acknowledge that the Defendant agreed to return the Plaintiff’s investment funds and the operating funds of the Plaintiff’s assertion at the time of withdrawal from the said enterprise.

(2) If one member withdraws from the two associations with respect to the proceeds from the disposal of alcoholic beverage carriers and the proceeds from the disposal of the property possessed by the association, the association relations shall not be terminated, except in extenuating circumstances, but the existing joint business may continue to be maintained by the remaining member without undergoing the liquidation procedure because the property belonging to the partnership belonging to the remaining member belongs to the sole ownership of the remaining member.

Supreme Court Decision 9 March 9, 2006