1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

1. On the grounds that the Plaintiff filed a claim for the distribution of residual property following the dissolution of the partnership (the Defendants sought confirmation of non-existence of the obligation to return investment to the Defendant, but changed their claim), the Defendants filed a claim for the return of investment money and damages following the termination of the business agreement. The first instance court dismissed all of the principal claim, and accepted part of the claim for the distribution of residual property due to the dissolution of the partnership among the counterclaim claims.

The scope of the trial of this court is limited to the part of the counterclaim, since only the defendants appealed.

2. Basic facts

A. On November 16, 2012, the Plaintiff drafted a business agreement with the Defendants on the following, while operating a single restaurant with the mutual name “E” on the first floor of Seocho-gu Seoul Metropolitan Government D Building (hereinafter “instant restaurant”).

(hereinafter referred to as the “instant partnership agreement”) and the agreement under this agreement is called the “instant partnership agreement.”

(i) [This background and form of business] A (referring to the Plaintiff);

hereinafter the same shall apply.

b)A and B (the defendants) in the E- Han restaurant business operated solely by them;

hereinafter the same shall apply.

) The third person shall carry out the project as agreed upon to carry out the project with the same ownership share (one-third) as to all assets of E, including the lease deposit (78 million won in daily deposit) and to carry on the project. Accordingly, Eul shall invest 60 million won to Gap. Among them, the amount of 48 million won shall be owned by Gap and the remaining amount of 12 million won shall be agreed to be used as the business operation fund.

Article 1 (Obligation A) A shall enter into a contract for the first floor of Seocho-gu Seoul Metropolitan Government D Building under the name of Party A and take charge of all the affairs to ensure that the project is carried out smoothly. Accordingly, the name of the business operator is Party A. Article 2 (Duty B).