Among the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid under the judgment is revoked.

1. Basic facts

A. On November 10, 201, the Plaintiff entered into a partnership agreement with the Defendant on the following matters (hereinafter “instant partnership agreement”) with regard to the joint operation of the cleaning agent business “C” (hereinafter “instant business”), and paid KRW 20,000,000 to the Defendant.

Article 1 (Purpose of Contract) The Plaintiff shall provide the Defendant with the funds of KRW 20,00,000 necessary for the Defendant to run the instant business currently in operation, so that the Defendant may expand and operate the said business, and receive distribution of the profits arising from the said business under the terms and conditions of this Agreement.

Article 2 (Duties of Plaintiffs and Defendant)

3. The plaintiff shall report to the defendant in writing on the management of the entire account, including the business performance of the passbook as of the end of each month.

The portion of the profits arising therefrom shall be distributed to 5:5.

4. In principle, receipts for expenses incurred by the project in this case ( personnel expenses, materials, oil expenses, communications expenses, food expenses, and other expenses) shall be handled.

Article 4 (Business Facilities) The wire and wireless communication (D, E) and vehicles currently in use for the project of this case shall be jointly used.

Article 5 (Distribution of Benefits) The plaintiff and the defendant shall allocate 50% of net income as of the end of each month during the contract period from November 10, 201 to the end of each month.

Article 7 (Validity Term) This Agreement shall be effective for five years, and shall be compensated for 50% of the amount invested by the plaintiff or the defendant to the other party when the plaintiff or the defendant expresses his intention of termination or termination.

Provided, That when the contract term expires, the defendant shall return to the plaintiff a daily 0 million won out of the shares in the plaintiff, and shall automatically extend the contract for two years if he/she wishes to extend the contract.

B. On October 1, 2012, the Plaintiff lent KRW 5,000,00 to the Defendant, but the period of reimbursement was set on April 1, 2013.

C. The Defendant filed an application for adjudication of bankruptcy on June 28, 2018, and received a decision to grant immunity on April 11, 2019.

(In Incheon District Court 2018Haak2066, 2018, 2049). The decision to grant immunity is made.