1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff and the Defendant: (a) Seo-gu Daejeon, Seo-gu, Daejeon, and 402 (hereinafter “instant commercial building”) around July 2012.

) In the case of dance sports and private dance institutes (hereinafter “instant private institutes”)

(2) On July 24, 2012, the Plaintiff entered into a partnership agreement with the Plaintiff, and leased the instant commercial building under the name of the Defendant from August 25, 2012 to August 25, 2015. ③ The Defendant completed the interior decoration construction, etc. of the instant commercial building by claiming the condition that the Plaintiff cannot be admitted on May 13, 2015, and filed an application for mediation against the Plaintiff with the Daejeon District Court 2015 money10534 on the ground that the Plaintiff cannot maintain the partnership agreement with the Defendant, and, on August 25, 2015, the Plaintiff returned KRW 15,00,000 from the lessor of the instant commercial building, and removed from the instant commercial building on August 25, 2015.

3) Meanwhile, as seen earlier, the association agreement between the Plaintiff and the Defendant was reversed as of August 2015, the facilities of the instant private teaching institute that the Plaintiff and the Defendant invested together with asset value of 42,378,000 won. As seen earlier, the agreement between the Plaintiff and the Defendant was reversed by the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 21,189,000 (=42,378,000 + 1/2) and damages for delay.

B. The defendant's assertion that the plaintiff and the defendant agreed to use the commercial building of this case together in order to reduce costs, but did not conclude a partnership agreement under the Civil Act.

2. Determination:

A. The Plaintiff’s assertion is premised on the fact that the agreement between the Plaintiff and the Defendant on the operation of the instant private teaching institute was concluded.

However, the partnership agreement under the Civil Act is a contract under which two or more persons agree to jointly operate a business by mutual investment, and it can be said that it is a partnership agreement only for a joint business operation agreement. Thus, the degree of the achievement of joint objectives cannot be deemed as satisfying the requirements for establishment of

Supreme Court Decision 201Da1449 Decided February 11, 2010