1. The Defendant’s KRW 32,00,000 as well as 10% per annum from December 2, 2018 to January 21, 2019 to the Plaintiff.

1. Basic facts

A. On March 19, 2018, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant to jointly establish and operate the CE (hereinafter “instant private teaching institute”) and agreed to contribute each of 35 million won as of March 19, 2018 and distribute profits from the operation of the private teaching institute to 50:50.

B. When the Plaintiff and the Defendant leased the Seoul Gangnam-gu building as the instant private teaching institute building, the Plaintiff and the Defendant paid KRW 70 million to the Plaintiff and the Defendant as the lease deposit amounting to KRW 70 million, and the lessee’s name was solely the Defendant.

C. Next, the Plaintiff and the Defendant agreed not to operate the instant private teaching institute any more due to the occurrence of the deficit. On October 1, 2018, the Plaintiff and the Defendant drafted a monetary loan agreement under which the Defendant borrowed KRW 35 million from the Plaintiff at a rate of 10% per annum on December 1, 2018, with respect to KRW 35 million invested by the Plaintiff (hereinafter “the instant monetary loan agreement”).

On the other hand, the Defendant repaid to the Plaintiff a total of three million won, including KRW 2.5 million on November 1, 2018, KRW 400,000 on November 15, 2018, and KRW 100,000 on November 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. We examine the judgment on the cause of the claim, and the relationship between the plaintiff and the defendant constitutes a partnership under the Civil Act, and the relationship between the plaintiff and the defendant is terminated as the plaintiff and the defendant not to operate a private teaching institute. In this case, the liquidation procedures are common, but the provisions on the cause of dissolution and liquidation of a partnership under the Civil Act are not a mandatory provision that excludes special agreements between the parties different from the provisions on the cause of dissolution and liquidation of a partnership under the Civil Act. Thus, in the case where the parties entered into a special agreement on the grounds of dissolution and liquidation of a partnership under the Civil Act,