1. The part of the judgment of the court of first instance against the plaintiff falling under paragraph (2) shall be revoked.

2...

1. Basic facts

A. On August 5, 2011, the Plaintiff and the Defendant agreed to operate the club business with the shares of 50% in each of the 50% shares in the building C101 and 102 in Sungnam-si (hereinafter “instant club business agreement”), but the Plaintiff and the Defendant agreed to divide the remaining value into 50% upon the termination of the said club business agreement.

B. In accordance with the instant trade agreement, the Plaintiff deposited KRW 120 million in the Defendant’s account on August 5, 201, and KRW 20 million on September 12, 2011. The Defendant, from F, leased the said danran bar under the name of F to KRW 100 million, KRW 69 million in monthly rent (including value-added tax), and period from April 28, 2012 to April 28, 2014. The Plaintiff and the Defendant jointly operated the said dan bar from around that time.

C. However, the Plaintiff and the Defendant set a deposit amount of KRW 50 million to E and set the period from May 5, 2012 to December 12, 2013, and again requested E to cancel the sub-lease contract, and upon the termination of the said lease term, agreed to terminate the said dan. The Defendant offered a new investor to run the said dan independently from January 1, 2014, and offered that the Defendant operated the said dan alone from January 1, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is primarily based on the above basic facts, as seen earlier, the Defendant expressed his/her intent to withdraw from the partnership agreement by solely operating the said danran bar from January 1, 2014. However, the Plaintiff agreed with the Defendant on April 28, 2014 only when the settlement amount is returned, and on December 31, 2013, the Plaintiff’s active property as of December 31, 2013 is the lease deposit amount of KRW 10 million, and the small property is the small property with KRW 207 million (6.9 million x 3 months) for the total three months from October 2013 to December 12 of the same year. Thus, the settlement amount is KRW 779,930,000.