1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 7, 2010, E Co., Ltd., a representative director of the Plaintiff (hereinafter “E”) concluded a contract with the Defendant Company F (hereinafter “Defendant Company”) under which the Defendant was the representative director, providing the land, building, facilities, etc. of “C” located in Pyeongtaek-gun G in Gangwon-do, which was operated by the Nonparty Company, to the Defendant Company, and concluded a contract with the Defendant Company to entrust C for five years (hereinafter “instant entrusted contract”).

B. At the time of the instant consignment operation agreement, the Plaintiff and the Defendant separately agreed on the detailed agreement on the allocation of profits, etc. from the joint operation of C (hereinafter “instant joint operation agreement”).

C. After October 201, Defendant Company entrusted C with the operation of C for a period of about one year until October 201, and agreed to cancel the instant consignment operation contract with Nonparty Company around October 13, 201, and transferred C’s operating rights and all rights to facilities again to Nonparty Company.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2, Eul evidence 2-4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the defendant filed a joint business registration during the operation of C, or did not open a joint account under the joint management of profits and expenses, and did not properly settle and distribute profits and expenses. Without employing one director designated by the plaintiff, the plaintiff failed to fully implement the agreed matters under the joint operation agreement of this case, such as spending the non-ordinary expenses according to the gabing area. Therefore, the defendant is obliged to pay the penalty of KRW 100,000,000,000 agreed upon in the joint operation agreement of this case.

B. In full view of the facts stated in Gap evidence No. 1 and witness D of the court of first instance, the court below and the defendant concluded the joint operation agreement of this case and jointly with the plaintiff and the defendant's business registration certificate.