1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

C (C) On January 21, 2005, the Defendant leased 542.15 square meters (hereinafter “instant store”) of the 1st floor of the 442.15 square meters on the 1st floor of the D ground (hereinafter “instant store”) (hereinafter “instant store”) and operated 3 clothing stores together.

C and the defendant separated the store of this case from around August 2006, and the defendant agreed to operate 1/4 of the size of the store of this case and 3/4 of the size of the store of this case and arranged the partnership.

Accordingly, C and the defendant imposed monthly rent, management expenses, electricity charges, interest on loans under the name of deposit, etc. according to the store size of each party.

On the other hand, C used the store of this case beyond its own business share, and paid 12 million won to the Defendant on September 11, 2006 as security deposit, as to the excess area 1/4.

C signed a lease on a deposit basis with E without the consent of the defendant on September 22, 2011 and transferred the right to lease on a deposit basis.

On June 5, 2012, the defendant delivered a store in response to E's disposition of building name altitude.

On December 7, 2012, the defendant filed a lawsuit claiming distribution of the residual property of the partnership with C.

(hereinafter “previous Lawsuit”). The first instance court (Seoul District Court 2012Ga2763) sentenced the Defendant to the dismissal of the Defendant’s claim on November 21, 2013, but the appellate court (Seoul High Court 2013Na21621) decided July 2, 2015 that “C shall pay to the Defendant 82,695,200 won and its interest at a rate of 5% per annum from April 20 to July 20, 2015, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive on November 12, 2015 due to the dismissal of the final appeal.

The appellate court's judgment held that the ratio of investment between the defendant and C is KRW 1/2, KRW 270,522,307, KRW 47,131,907, and all kinds of mutual aid funds are KRW 29 million.

【Ground of recognition” has no dispute, Gap 1 evidence, Eul 1 through 9, and plaintiff's ground of claim as to the ground of claim as a whole.