1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the amount of money ordering the payment of the principal lawsuit below.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2007, the Plaintiff and the Defendant jointly operated a restaurant (hereinafter “instant restaurant”) that sells original equipment in the name of “D” on the first floor among the two-story buildings on the ground of Busan Shipping Daegu Da-gu 572.36 square meters (hereinafter “instant building”), and the Plaintiff and the Defendant entered into a partnership agreement with each of the investment amounts of KRW 150 million and distributed profits to 1:1 (hereinafter “instant partnership agreement”).

B. At around July 2007, the original Defendant leased the first floor of the instant building from August 2007 to July 3, 205 to KRW 35 million, monthly rent of KRW 3350,000,000, and operated the instant restaurant from August 2007.

C. During the period of the business, the Plaintiff primarily managed the proceeds of the instant restaurant. The credit card sales proceeds of the said restaurant were deposited directly into the Plaintiff’s account, and in the case of cash sales, the revenue was deposited into the account in the name of the original defendant who served in the restaurant on the day after deducting the expenses paid in cash. The Defendant transferred the revenue of the day he served thereafter to the Plaintiff’s account.

The plaintiff was guilty of fraud on the ground that the defendant did not perform his/her duty to contribute to the partnership agreement of this case, and the defendant filed a complaint with each investigation agency for embezzlement on the ground that the plaintiff voluntarily consumeded the proceeds accrued from the partnership agreement of this case. However, the plaintiff was around November 9, 2009, and the defendant was the same year.

2. At around 19. A disposition not to institute a public prosecution shall be rendered against each of the charges;

E. At the time of operating the instant restaurant, the original Defendant did not regularly distribute the profits, and among them, the instant restaurant was closed on March 2010.

F. Meanwhile, the plaintiff sells the equipment, etc. of the restaurant of this case and owns 2.5 million won as the disposal price, and the defendant shall make the first floor of the building of this case from the lessor.