1. The Defendant’s KRW 68,339,174 for the Plaintiff and KRW 5% per annum from June 22, 2018 to May 6, 2020.

1. Basic facts

A. On August 20, 2010, the Plaintiff and the Defendant acquired a private teaching institute located in D ground buildings (hereinafter “private teaching institute of this case”) from C for permanent residence.

At the time, the Plaintiff and the Defendant agreed to acquire the above private teaching institute by investing 24 million won each person, and distribute the net profits generated from the private teaching institute joint business (the remaining amount after deducting taxes, public charges, and other expenses from the profits) at the rate of 5:5 (hereinafter “instant business partnership agreement”).

B. On May 24, 2018, while operating a private teaching institute under the instant trade agreement, the Plaintiff and the Defendant entered into a trade agreement with the content that the sales of each of its classes shall be made their own profits.

[Ground] Evidence No. 1, 4, Eul evidence No. 14, the purport of the whole pleadings

2. Determination

A. The Defendant asserted that the Plaintiff managed the proceeds from the operation of the instant private teaching institute, but did not appropriately distribute the proceeds from March 1, 2013 to May 23, 2018 to the Plaintiff.

Since the Defendant is liable to the Plaintiff for tort liability due to embezzlement or nonperformance of obligations pursuant to the instant trade agreement with respect to the accrued earnings during the pertinent period, the Defendant shall pay the Plaintiff the accrued earnings with the compensation for damages.

B. (1) In light of the following circumstances acknowledged by comprehensively taking account of the overall purport of the arguments in light of the evidence revealed prior to the Defendant’s duty to pay the Defendant’s profit distribution amount, the Defendant violated the instant trade agreement by failing to distribute part of the profits accrued from the operation of the instant private teaching institute during the period from March 1, 2013 to May 23, 2018, and thus, paid the unpaid profit distribution amount.

① The Plaintiff was the subject of education at the instant private teaching institute, and the Defendant was mainly the subject of English lectures.

The Defendant managed the proceeds of the instant private teaching institute, but did not distribute the proceeds from the Defendant’s class to the Plaintiff.

For this reason,