1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 29, 2011, the Plaintiff entered into a partnership business agreement with the Defendant on a private teaching institute with the fourth floor in the Bupyeong-gu Seoul Special Metropolitan City (hereinafter “private teaching institute in this case”). The Plaintiff acquired sales of high class trees, and the Defendant acquired sales of the remaining subjects. The Plaintiff pays the Defendant the deposit amount of KRW 5 million, monthly rent of KRW 800,000,000,000,000, and monthly management fee of KRW 200,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.

B. On June 27, 2012, the Plaintiff continued to provide the Defendant with a high school curriculum, published the instant educational institute as the primary and secondary school curriculum on publicity materials such as the signboard, etc., and terminated the instant contract on the ground that the Defendant violated the obligations stipulated in the instant business agreement, and issued a certificate of content demanding the payment of KRW 20 million as compensation for the damages incurred therefrom.

C. On July 2, 2012, the Defendant paid to the Plaintiff the unpaid amount of KRW 10,726,734 out of the rents stipulated in the instant partnership agreement, and returned the loan certificate as the Defendant repaid all the above KRW 20 million borrowed from the Plaintiff. As the Plaintiff destroyed the instant partnership agreement without permission, the Defendant sent a certificate of content that requires the Plaintiff to pay penalty of KRW 20 million.

On July 9, 2012, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following contents.

- The Plaintiff’s instant case until July 31, 2012.