The judgment of the court of first instance, including the claims added in the trial, shall be modified as follows.

1. Basic facts

A. The parties’ status 1) Defendant C is a person registered as an individual entrepreneur with the trade name of “G” for the purpose of landscaping planting business, and Defendant D is a spouse of Defendant C, and as the spouse of Defendant C, for the purpose of landscaping planting business, etc. as well as for the same purpose while substantially operating G.

2) On December 23, 2015, the Plaintiff limited liability company established on January 8, 2002 for the purpose of landscaping planting business, tree trading business, etc., and changed the trade name from the F limited liability company to A to the limited liability company, and from the limited liability company A to the limited liability company on August 20, 2020 to T.

(hereinafter “Plaintiff Company”). E is the representative director of the Plaintiff Company, and Plaintiff B, an E’s partner, is concurrently managing the Plaintiff Company as a director of the Plaintiff Company.

B. On March 2014, Defendant D and Plaintiff B mutually invested in around March 2014, and the Plaintiff Company I (former trade name: M&I) Co., Ltd.

(D) supply and planting of trees, and supply and construction of facilities (hereinafter referred to as “detailed construction”) among the W new construction works contracted by them.

(2) Around December 2016, Defendant D Co., Ltd. entered into a partnership agreement with Defendant B (E and Plaintiff Company) to have 1/2 of the profits, which deducts all expenses, etc. from the construction cost received from I, and the remainder of 1/2 of the profits, and the Plaintiff Company entered into a contract for the supply and construction of tree facilities related to Sejong Construction with I on March 10, 2014. (2) Defendant D Co., Ltd filed a lawsuit against the Plaintiffs for the settlement of accounts, etc. following the termination of the business. Accordingly, Plaintiff B filed a counterclaim against the Defendant D seeking the payment of the amount of indemnity ( Daejeon District Court Decision 2016Da107474 (principal claim), 107480 (Counterclaim)). The court dismissed both the principal lawsuit of the Plaintiff B and the Defendant D’s counterclaim, and both of them dismissed.