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1.Paragraphs 1 and 2 of the judgment of the court of first instance shall be amended as follows:
Of the instant lawsuits, withdrawal from the partnership is attributable to.
Reasons
1. Basic facts
A. On May 2015, the Plaintiff, the Defendant, C, and D 4 decided to operate the instant restaurant with the trade name of “F” (hereinafter “instant restaurant”) from the first floor of the building located in the Seosung-si E as “F” as a partnership business.
(hereinafter “instant partnership business”). (b)
For the instant club business, the Plaintiff and D respectively invested KRW 50,00,000; KRW 20,000,000, and the Defendant invested KRW 110,000,000, respectively. On March 30, 2015, the Plaintiff entered into a lease agreement on the instant restaurant in accordance with the instant club business agreement, and opened an account in the name of the Plaintiff for business operation on April 3, 2015, and completed business registration under the name of the Plaintiff on April 17, 2015.
C. D withdrawn from the instant partnership on June 8, 2015, and in the process, D returned KRW 50,000,000 invested by the Defendant.
On June 2015, the Plaintiff expressed to the Defendant and C the intent to withdraw from the instant partnership business, and accordingly discussed the lease contract, business registration, and procedure for changing the business account in the name of the Plaintiff.
E. On June 23, 2015, the Defendant: (a) saw saws to the Plaintiff’s hand on June 23, 2015; and (b) saw the Plaintiff’s head and chest part, and (c) inflicted injury on the Plaintiff, such as a feet, which requires approximately two weeks’ medical treatment.
(f) On June 27, 2015, the Plaintiff received total of KRW 29,00,000 from C to June 29, 2015, including KRW 29,000,000 from the Defendant’s leakage or G from June 29, 2015, and provided cooperation in changing the lessee’s name concerning the instant restaurant to G on June 30, 2015. On July 1, 2015, the Plaintiff changed the name of the instant restaurant to G.
【Ground for Recognition: Facts without dispute; Gap evidence Nos. 1 through 6 (including branch numbers in case of each number); Eul evidence Nos. 1, 3, 4, and 5; the testimony or video of the witness of the first instance court C; the purport of the whole pleadings;
2. Summary of the parties' arguments;
A. Claim related to Plaintiff 1’s investment.