1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. From October 2013, the Plaintiff and the Defendant jointly operated an import land board (hereinafter “instant refined land”) with the size of 125.83 square meters, which is part of the 125.83 square meters of the building D, I, and E (hereinafter “instant store”), from around 10,013, and distributed profits in proportion to Plaintiff 3 and Defendant 7.

(hereinafter referred to as the “instant partnership agreement”) between the Plaintiff and the Defendant. B

Around February 2017, the Plaintiff and the Defendant considered it difficult for the Plaintiff to operate the instant refined land along with the instant refined land, and the Plaintiff was working with the Defendant and withdrawn from the said business by February 28, 2017.

C. After the withdrawal of the Plaintiff, the Defendant operates the instant Mixed Point.

[Ground of recognition] A without dispute, Gap evidence 1 (including each number, hereinafter the same shall apply), Eul evidence 1, appraiser G's appraisal result, the purport of the whole pleadings

2. Determination

A. In principle, a partner may withdraw from the partnership at any time, unless the duration of the partnership is provided for in the relevant legal doctrine.

(Article 716(1) of the Civil Act. The calculation due to withdrawal between a withdrawing person and a remaining person shall, barring special circumstances, be returned in cash the amount equivalent to the withdrawing person’s share out of the partnership’s property appraised based on the “the status of partnership’s property at the time of withdrawal” pursuant to Article 719(1) and (2) of the Civil Act. Such calculation is based on the premise that a business is continued. As such, the value of partnership’s property shall be assessed by the “business price, including the value of business rights,” rather than a simple trading price, but in principle, the said partner’s share ratio should be calculated based on the “ratio of profit and loss distribution within the partnership” unlike

(See Supreme Court Decision 2004Da49693, 49709, March 9, 2006, etc.). B.

The plaintiff's withdrawal from partnership and the return of the share value shall be considered as the occurrence of the obligation.