1.The judgment of the first instance court, including a claim that has been reduced in the trial, shall be modified as follows:

between the defendant and C.

1. Facts of recognition;

A. On July 197, the Plaintiff and C entered into the instant trade agreement agreed to jointly carry out a club business in which landscaping trees are planted, managed, and sold in 50% if profits accrue after planting, managing, and selling landscape trees on the land in Seosan City D, etc. (hereinafter “instant partnership business agreement”). Accordingly, from around the above time to May 2008, the Plaintiff organized the account books and provided meals to the members employed for planting landscape trees and transporting landscape trees, and C carried out a club business by sharing the duties, such as planting and managing landscape trees and securing the selling places, etc. of landscape trees.

B. A) On August 2008, the Plaintiff filed a complaint under the charge of embezzlement for the Plaintiff that: (a) around August 2008, C sold landscaping trees and did not distribute some profits to the Plaintiff even after profit was accrued; (b) the Daejeon District Prosecutors’ Office rendered a non-prosecution disposition on the ground that there was insufficient evidence that C embezzled the above profits to C on October 30, 2008.

B) On December 23, 2008, C filed a lawsuit against the Plaintiff claiming the distribution of the aggregate aggregate by attaching a list of landscape trees with the total value of 305,680,000 won ( Daejeon District Court 2009Da19939). On October 27, 2009, the above court rendered a judgment dismissing C’s claim on the ground that C’s assertion or proof was not presented as to the termination of the liquidation procedures of the instant partnership business, and the above judgment became final and conclusive around that time) on December 8, 2009, the Plaintiff expressed against C the intent of withdrawing from the instant partnership business agreement and sought the payment of the amount for the settlement (from the day after the date of delivery of the complaint to January 19, 2010). The Plaintiff filed a lawsuit with C for the payment of the amount for the settlement as 461,000,000 won and its annual settlement from the date of settlement to the date of full payment to the date of December 20, 2010.