1. The Defendant’s KRW 15,00,000 as well as annual 6% from January 1, 2015 to November 11, 2016 to the Plaintiff.

1. Basic facts: (a) the Plaintiff and the Defendant invested KRW 85,00,000 each on May 15, 2013 to jointly operate the printing-related manufacturing business by establishing a stock company and jointly operating the printing-related manufacturing business; (b) the business shares shall be 50% each; and (c) the Plaintiff and the Defendant made a partnership agreement (the instant partnership agreement) with the content that each of the Plaintiff and the Defendant invested KRW 85,00,000 in a share of all profits and expenses, and accordingly, they establish a stock company on May 21, 2013; (b) the Plaintiff and the Defendant were jointly representative directors; (c) the Plaintiff decided to sell their shares in KRW 85,00,000 to the Defendant around August 2014; and (d) the Defendant paid the Plaintiff KRW 70,000,000 out of the above share purchase price to the Plaintiff is not a dispute between the parties.

2. The assertion and judgment

A. According to the facts of recognition of the claim for share purchase price, the Defendant is obligated to pay the Plaintiff the balance of share purchase price of KRW 15,000,000.

The defendant asserts that the plaintiff shall set off the claim for return of KRW 9,00,000 which was not returned among KRW 12,00,000 among the 12,00,000 which was received as the provisional deposit in 2013, but it is insufficient to view that the defendant has the claim for return of KRW 9,00,000 against the plaintiff merely with the entries in Eul 2-1 through 5, and Eul 4-6, and there is no other evidence.

B. The Plaintiff asserts that 50% of the total sales (profit) accrued from May 2013 to June 2014, 2014, which was the period of the same business, should be distributed to the Plaintiff according to the instant trade agreement, and thus, the Plaintiff asserts that 50,000,000 won, which is a part of the sales amount, should be claimed.

In this regard, the defendant asserts that the total sales amount of KRW 131,545,478 occurs during the period of the partnership business, but the expenses for equipment, material, miscellaneous expenses, and personnel expenses exceed those, so there is no profit distribution amount to be paid to the plaintiff.

First, since the instant partnership agreement is a partnership agreement that the original defendant jointly establishes a stock company and operates the manufacturing business, it is merely a partnership under the Civil Act.