1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 40,00,000 as well as the full payment from June 26, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 10, 2015, the Plaintiff entered into a partnership agreement with the Defendant Company: (a) 60% as to the Defendant Company; (b) 40% as to each share; and (c) as to the liability for the burden of profit and loss depending on share; and (d) C agreed to the status of the representative director of the Defendant Company, and the Plaintiff as executive director.

(hereinafter referred to as “instant trade agreement”). (b)

The Plaintiff leased KRW 20 million to the Defendant Company on May 27, 2012, and on May 28, 2012 pursuant to the instant business agreement.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, and the purport of the whole pleadings

2. Determination on the main claim

A. (1) According to the above facts of recognition, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 40 million loans and damages for delay calculated at the rate of 15% per annum from June 26, 2015 to the date following the delivery of a copy of the instant complaint to the date of full payment, barring special circumstances.

(2) As to this, the defendant asserts that since the amount of KRW 40 million was used for the business of the defendant company as the investment money under the partnership agreement, the defendant company's profits cannot be returned due to the lack of profits and can only be claimed for return by means of liquidation of the partnership C with C.

In this regard, there is no evidence to support that the Plaintiff paid the Defendant Company with the intent not to receive a refund without the profits of the Defendant Company.

Furthermore, solely on the fact that the Plaintiff paid KRW 40 million to the Defendant Company’s operating funds pursuant to the instant partnership agreement with C, the Defendant Company cannot be deemed to have the right to refuse to return the said money to the Plaintiff.

Therefore, the defendant's above assertion cannot be accepted.

The defendant agreed to bear the profits and losses under the agreement on the business of this case, and the defendant as the duty to settle the accounts following the termination of the agreement on the business of this case.