1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. Of the judgment of the first instance, the Plaintiff (Counterclaim Defendant) is against the judgment of the first instance.

1. Basic facts

A. On June 1, 2007, the Plaintiff and the joint Plaintiff A of the first instance trial (hereinafter “A”) jointly invested and operated an Eanancy division (hereinafter “Ean division”) on the 13th floor of the D Building D, Jung-gu, Seoul, and on August 22, 2008, the Ganan division (hereinafter “Ganan division”) was opened and operated respectively on August 22, 2008.

However, while the plaintiff and the plaintiff jointly operated the E Department, A was operated solely from August 20, 2008, which was around the beginning of the Gan and the opening of the Gan Department, and the plaintiff operated solely from the Gan Department.

B. Around November 2009, when the Plaintiff and A prepared for opening additional sources of internal medicine, the Defendant agreed to participate in the joint operation, and the Defendant invested KRW 300 million, and then, the Plaintiff, A, and the Defendant, respectively, made an agreement on the joint opening of internal medicine (hereinafter referred to as the “joint opening agreement”) with the purport that the Plaintiff, A, and the Defendant has a share of 45%, and that the Defendant has a share of 10%.

(Preparation of the above agreement for the partnership business (hereinafter referred to as the “instant partnership business agreement”). The agreement for the partnership business of this case is defined as follows:

1) Proceeds are divided into monthly salary and equity. Monthly salary is the amount determined by agreement by three persons, each of which is KRW 20 million. Profits on shares shall be paid in proportion to shares (Article 4(2) and (6) of the Business Agreement). Tax shall be borne by three persons, respectively, and a share shall be borne by each other in respect of taxes on business profits until the contract is terminated.

(Article 4 (5) 3 of the same business agreement) If a third party causes a single loss as a result of a decision made without prior agreement, the party shall be liable for 100%, and if the third party uses money without the other party’s consent, he/she shall pay three times the useful amount to each other (Article 6 (1) and (2) of the same business agreement). (c) In accordance with the instant business agreement, the defendant takes over the business with the Gan and takes over the business with the Gannan Department from November 17, 2009 (hereinafter “Han Department”).

The plaintiff operated on December 1, 2009, Seoul.