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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
The defendant's grounds for appeal based on the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and in light of the evidence submitted by the court of first instance, the fact-finding and judgment of the court of
Accordingly, the reasoning of the judgment of this court is that "B" defendant's credit against "B" for the plaintiff's credit against "B" for "B" for the second half of the judgment of the court of first instance, "No. 8" for "No. 0035, 2018, a notary public" for "No. 74, 2018, No. 74, 2018, "No. 85,000,000" for "No. 16, the third side "No. 16" for "No. 7, 2012" for "No. 7, 2017" for "No. 7, 2017" for "No. 7, 2017." The plaintiff added "No. 2. 7, 2017, emphasizing that I and the defendant operated "H" as a partnership business," and such judgment is cited as it is by the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The summary of the Plaintiff’s assertion I and the Defendant acquired a “J” as a partnership business, thereby engaging in the sales business of used cars.
Based on the above business relationship, the defendant paid KRW 79,500,000 for the takeover of business by the "J" and KRW 7,000 for the membership fee of the partnership, not the defendant lending the above money to I.
B. As to whether I and the Defendant were in the same trade relationship, each of the testimony of D and I of the first instance trial witness D, I of the first instance trial witness D, I of the evidence related thereto, Gap's testimony, Gap 2, 11, 12, 14, 20, and 22 of the evidence is written.
However, in addition to the fact that there is no basis to deem that there was a mutual agreement between I and the defendant on the basic matters of the business relationship, such as the investment ratio, investment method, and profit distribution ratio, the following circumstances, which may be recognized by the overall purport of the statements and arguments set forth in Nos. 1, 2, 3, 9, and 20, namely, the defendant, from M& Co., Ltd. on November 30, 2017 in order to transfer the proceeds of business takeover and the subscription fees to the partnership.