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1. The judgment of the court of first instance is modified as follows.
The counterclaim Defendant 17,106,225 won and this.
Reasons
The reasoning of the court’s explanation of this case is as follows, except where the relevant part of the judgment of the court of first instance is cited or the following judgment is added, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.
(However, this part of the judgment of the court of first instance is written by adding "1,165,500 won" to "4,500,000 won" for 15 pages 5 of the judgment of the court of first instance.
The 4th half to 11th half of the judgment of the court of first instance shall be completed as follows:
“1) According to the statement 11-9 of the evidence No. 9,156,150 won in the purchase cost of the goods ship necessary for the raising of Habaki, the Defendant is found to have spent KRW 9,156,150 in the purchase cost of the goods to run a business under the instant business agreement. According to each of the instant statements, it is recognized that the Plaintiff stated the purport that “the Plaintiff does not require the Defendant to pay for any nominal investment expenses or facilities, such as facility cost and clothes cost, personnel cost, and other expenses.”
However, in light of the fact that the instant partnership agreement was made by investing shares of the first 1/2 between the Plaintiff and the Defendant, and that the agreement that one party bears all of the investment costs in dividing profits into 1/2 is contrary to the intent of the first partnership agreement, it is reasonable to interpret that the instant agreement does not cover all the investment costs, but rather, that the Plaintiff does not require the Plaintiff to additionally pay the Defendant’s own shares because the Defendant provided the land at the early stage of the partnership agreement and contributed to the installation of facilities.
Therefore, 9,156,150 won shall be apportioned among the Plaintiff and the Defendant for each share of 1/2, which is an investment share. Ultimately, the Plaintiff is obligated to pay 1/2,578,075 won to the Defendant.