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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. Around September 2009, the Plaintiff entered into a partnership agreement with the Defendant on the operation of a store with the following content (hereinafter “instant partnership agreement”).
The plaintiff shall provide the 9th and 209 through 214 (hereinafter referred to as the "instant store") of the 9th and 2nd floors of the 9th and 214 (hereinafter referred to as the "2th and 2nd floors") to the business place in Puju City.
The Defendant shall take charge of the overall management of the interior and fruit burial of the instant store, and shall bear the interest of KRW 4,200,000 per month on the loans of the leisure No. 750,000,000 established in the instant store.
The profits from the operation of the store of this case shall be distributed at the ratio of the plaintiff 40% and the defendant 60%.
B. (i) On October 2009, the Plaintiff delivered the instant store to the Defendant.
Luxembourg Around that time, the Defendant transferred the instant store from the Plaintiff, and started installation of facilities and interior works at the instant store, and began to pay KRW 4,200,000 per month interest on loans to the Plaintiff from February 2010.
C. (1) On March 5, 2010, the Defendant registered the business of over-the-counter retail business with the name of “E” as the representative of the Defendant on March 5, 2010. However, around March 2010, due to disputes between Si events and Si projects, the supply of electricity and water was suspended, and any store in the Dolllet, where the instant store belongs, was unable to run the business, and the Defendant was also unable to actually operate the over-person store in the instant store.
B. On September 13, 2010, a fire that could not identify the cause of the instant store, which was 95% or more of the facility construction around September 13, 2010 (hereinafter “instant fire”), was destroyed by business facilities and interior equipment in the instant store.