1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's primary claim corresponding to the revoked part is revoked.

1. Basic facts

A. On October 21, 2014, the Plaintiff entered into a partnership agreement with the Defendant for the joint lease and operation of the camping ground of CJ E in Nam-si, Namyang-si (hereinafter “instant partnership agreement”) by the end of January 2016, and invested a total of KRW 60,000,000 around that time.

The main contents of the instant partnership agreement are as follows.

Article 2 (Initial Investment Amount) The Plaintiff is the Defendant, each of whose operating costs KRW 50,00,000 and initial operating costs, KRW 1,000,000,00,000, for the night-gu rent of KRW 10,000 and initial operating costs, each of which is KRW 1,000,000,000, for the night-gu rent of KRW 1,000.

When the plaintiff asks for the operation of the camping place, the defendant shall answer his gender.

The plaintiff and the defendant shall be treated as operating expenses when expenses incidental to the operation of the camping ground accrue.

In principle, the settlement of accounts for the operation of the camping hall shall be made once a month, and the total settlement of accounts shall be made at the time the date of the operating contract expires

Article 4 (Additional Investment Amount) The plaintiff and the defendant shall make the same investment in relation to the operation of the campground equally when the additional investment amount occurs.

Article 5 (Distribution of Profits) The profits obtained by subtracting the operating expenses incurred from the operation of the camping ground in 2015 shall be allocated equally to both the plaintiff and the defendant.

Article 6 (Distribution of Expenses) The unpaid rent for sports grounds (60,000,000) shall be paid in advance when the expenses are paid in full, and the unpaid rent for sports grounds (60,000,000) shall be collected in proportion to their initial investments, and the profits excluding KRW 10,00,000,000 shall be apportioned equally to the plaintiff and the defendant when profits accrue.

Even when profits accrue thereafter, the plaintiff and the defendant shall equally share operating expenses of 10,000,000,000.

Article 7 is written in the contract as “Article 6,” but it is evident that “Article 7” is written as “Article 7.”

(Penalty) If the Plaintiff and the Defendant intend to terminate this contract, they shall be notified in writing to each other, and the penalty shall be KRW 10,000,000.

The Plaintiff and the Defendant embezzled the income from the operation of the campground.