1. The Defendant’s KRW 63,800,000 as well as 5% per annum from June 8, 2019 to February 23, 2021 to the Plaintiff.

1. Facts of recognition;

A. On October 2015, the Plaintiff, the Defendant, and C agreed to jointly operate the sales business of agricultural and fishery products with the trade name “D”.

The Plaintiff invested KRW 153,80,000 in accordance with the agreement on the same business (hereinafter “the instant partnership relationship with the Plaintiff, the Defendant, and C”). (b) The Plaintiff, the Defendant, and C, from November 2015, operated “D (the Defendant: the business entity) in Daejeon E”, and the Plaintiff was distributed KRW 5,000,000 per month as profits pursuant to the agreement on the same business.

(c)

The Plaintiff withdrawn from the instant partnership around July 2016, and the Defendant and C agreed to return the principal amount of the Plaintiff’s investment in installments in 10 million won per month (hereinafter “instant return agreement”). D.

Pursuant to the instant return agreement, C paid to the Plaintiff, KRW 10 million on June 16, 2017, KRW 10 million on August 1, 2018, KRW 10 million on September 1, 2018, KRW 10 million on September 29, 2018, KRW 10 million on September 31, 2018, KRW 10 million on October 31, 2018, KRW 10 million on November 31, 2018, KRW 10 million on January 30, 2018, KRW 14 million on January 14, 2019, KRW 10 million on January 31, 2019, KRW 9 million on January 31, 2019, and KRW 10 million on February 28, 2019.

E. C died on March 19, 2019.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 5 evidence, Eul 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition 1), the defendant and C are obligated to return the principal of investment to the plaintiff pursuant to the return agreement of this case, which constitutes the partnership obligations of this case.

As seen earlier, C died on March 19, 2019, after the occurrence of the above partnership obligation. In the case of a partnership, if one of its members dies, the partnership relationship is naturally withdrawn from the partnership relationship pursuant to Article 717 of the Civil Act, and the partnership's obligation is an obligation jointly and severally borne by the union members with the union's property, and if one of them withdraws from partnership with the withdrawal of one of them, the partnership relationship with the withdrawal from partnership is terminated, except in extenuating circumstances.