1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On March 17, 2009, the Plaintiff and the Defendant purchased tourist bus D (hereinafter “instant bus”) from C, and decided to operate the said bus for the same business.

(hereinafter referred to as the “instant trade agreement”). B.

The Plaintiff invested KRW 15 million out of the purchase price of the bus of this case 19 million, and the Defendant invested the remainder of KRW 14 million, and the Plaintiff later invested KRW 1 million as the insurance premium of the bus of this case, and the Defendant invested KRW 31 million in total in order to operate the bus of this case by additionally investing KRW 1 million as the facilities of the bus of this case.

C. The Plaintiff purchased the instant bus from March 2009 to September 2009. The Plaintiff was in charge of managing and operating the instant bus. From October 2009 to October 2009, the Defendant directly driven the instant bus and was in charge of managing and operating the instant bus.

The Plaintiff and the Defendant agreed to distribute the profits accrued from the operation of the bus of this case to the investment ratio.

E. Around December 24, 2010, the Defendant sold the instant bus to E with KRW 22 million. Around that time, the Defendant received KRW 22 million from E with the above sales amount. Around that time, there was no active property or small property arising from the instant trade contract other than the instant bus.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1-5, 6, 28, and 32, and the result of this court's personal examination, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view the instant agreement as a partnership agreement under the Civil Act, since the purpose of the instant agreement is to make a mutual investment by the original defendant to make a profit by operating the instant bus and to make a profit. The instant agreement was terminated as it was no longer possible for the defendant to operate his business by selling the instant bus to a third party on October 24, 2010. The Plaintiff and the Defendant, the remaining property of the Plaintiff and the Defendant, each of which are the ratio of their investments (=16/31 million won), and Defendant 15/31 = 1.