1. All of the selective claims added in the appeal and the trial of the Lessee are dismissed.

2. After an appeal is filed.

1. Case summary and the presumed factual basis

A. The summary of the instant case brought an action against the Plaintiff as the principal lawsuit against the Plaintiff, and accordingly, the Plaintiff asserted that the Plaintiff embezzled part of the Plaintiff’s income amount, which was operated jointly with the Plaintiff as the counterclaim from April 2005 to August 201, 201, and filed a lawsuit claiming compensation for damages arising from the tort or restitution of unjust enrichment. After the Deceased’s withdrawal of the principal lawsuit, the Nonparty, the co-inheritors of the deceased’s death, resulting in the Plaintiff’s death, seeking payment of damages or unjust enrichment equivalent to their respective inheritance shares, as the counterclaim changed to the counterclaim and the Nonparty, the co-inheritors of the deceased, took over the legal proceedings.

The judgment of the first instance dismissed all counter-claim claims of the counter-claimer, and the counter-claimer appealed against this.

(Counterclaim Plaintiff voluntarily added the claim for damages on property due to violation of the same business contract, consolation money, and settlement of accounts following the termination of the same business relationship while withdrawing the claim for return of unjust enrichment from the trial and reducing the purport of claim for damages on property due to embezzlement.

【Evidence” without any dispute, Gap evidence Nos. 4, Gap evidence Nos. 6-1, 2, and 3, and the purport of the whole pleadings 1) The plaintiff and the deceased shall invest in 20 million won around September 1998 and make an investment of the non-resident and the deceased in the Ha and the JUS in Ha (hereinafter referred to as the “instant YY”).

(2) While the deceased entered into a partnership agreement with a joint operation to divide profits, and the deceased was in charge of the management and settlement of the account books of the instant association from August 4, 2005, the Lessee and the deceased were in charge of the settlement of accounts of the instant association from around August 4, 2005. (2) On September 26, 2006, the Lessee and the deceased were in charge of the settlement of accounts of the instant association, each of the 20 million won as dividends, and the second settlement of accounts on May 31, 2007.