1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant B shall pay to the Plaintiff KRW 57,200,000.

1. Judgment on the main claim against the Plaintiff Defendants

A. On December 18, 2008, the Plaintiff’s assertion, Defendant B, and Nonparty D entered into a business agreement with respect to the Franchising room located on the second floor of the building E on the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and accordingly, the Plaintiff invested KRW 20 million in the Plaintiff, Defendant B, and D in the amount of KRW 17 million, and KRW 18.2 million. Since then, D withdraw from the business relationship, and the Plaintiff returned the investment amount to D.

On February 1, 2009, the Plaintiff and Defendant B’s opening of the instant singing room was suspended due to Defendant B’s circumstances on 23 days only. The Defendants resumed the singing room business without excluding the Plaintiff on March 9, 2010 and did not distribute profits to the Plaintiff even though they continued the singing room business until January 2013. On January 2013, the Defendants disposed of the instant singing room in KRW 80 million to a third party.

The defendants' singing businesses and singing disposal acts are acts in breach of trust against the plaintiff who is a partner. Thus, the defendants are liable to compensate the plaintiff for the damages.

Therefore, the Defendants are jointly and severally obligated to jointly and severally liable to the Plaintiff for the amount of KRW 40 million equivalent to 50% of the Plaintiff’s share in the disposal price, KRW 17 million for the settlement of profits arising from the singing alone business (=2 million won per month x 34 months x 0.25), and KRW 57,200,000 out of the total investment amount of KRW 75,200,000 that the Plaintiff returned to D, and delay damages therefrom.

B. In a case where the legal relationship in which the res judicata effect of the previous suit becomes final and conclusive becomes a prior legal relationship in the subsequent suit even if the subject matter of the subsequent suit is not the subject matter of the subsequent suit, the judgment of the final and conclusive judgment in the previous suit shall be deemed to affect res judicata as a prior question in the subsequent suit. Therefore, the parties cannot make any other assertion and the court

(see, e.g., Supreme Court Decision 98Da18155, Jun. 9, 2000). As to the instant case, “B” was examined.