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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the descriptions of Gap evidence 1, 2, 5-1, 2, 7, 11, 20-9, 27, 28-2, and 1, and the purport of the whole pleadings in the testimony of Gap witness G at the trial.
On July 4, 2012, the Plaintiff entered into a partnership agreement with the Defendant to jointly operate a photographic book (hereinafter referred to as the “instant partnership agreement”) and accordingly, acquired KRW 28,000,000 for the premium of KRW 28,000 for the premium. On September 21, 2012, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 15,000 for the said store and the rent of KRW 1,40,000 for the rent of KRW 1,40 for each month.
B. Nonparty G invested KRW 10,000,000 at the Plaintiff’s recommendation, around November 2, 2012, and participated in the operation of the instant photographer.
C. The instant photographer suspended business around December 2013, when the deficit was accumulated due to business depression while managing the Defendant and G.
2. The plaintiff's assertion and judgment thereon
A. The Plaintiff and the Defendant agreed to contribute 50% each of their own 50% under the instant trade agreement. Accordingly, even though the Plaintiff invested a total of KRW 32,469,200, the Defendant did not properly perform its investment obligations, and on this ground, the Plaintiff rescinded the instant trade agreement with the delivery of a copy of the instant complaint, and the Defendant is obligated to return to the Plaintiff KRW 32,469,200, which is equivalent to the Plaintiff’s investment.
In full view of the following facts: Gap evidence Nos. 5-1, 2, 27, 28-2, Eul evidence Nos. 1, and Eul evidence Nos. 28-2, and Eul evidence Nos. 1 and the purport of the whole pleadings in each testimony of the witness H and witness G of the court of first instance, the plaintiff shall bear 20,000,000 won out of the premium Nos. 28,000,000 won, and the remainder shall be borne by the defendant, and 8,000,000 won out of the lease deposit No. 15,00,000 won, and 3.