1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. On May 27, 2008, the Defendant made an agreement between C and D to operate a food cryp (F) and a food cryp (G) in the business as a partnership. The Defendant invested each of KRW 225 million in total, each of KRW 75 million, and divided profits and losses with the respective equity in the business partnership of 1/3, and the transferee succeeds to all the rights and obligations of the transferor with respect to the business partnership, but the transferee shall not be involved in the business partnership with the business (hereinafter “instant business partnership agreement”).

B. Around that time, the Defendant agreed to receive KRW 40 million from the Plaintiff and transfer 1/2 of its equity interest in the business under the instant business agreement to pay monthly profits among the Plaintiff’s equity interest in the same business (hereinafter “instant investment agreement”).

C. On February 13, 2013, the Defendant agreed on the instant trade agreement with C and D, and received distribution of KRW 12.7 million out of the remaining assets of the said union 38.14 million.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 1-1 and 2-2 evidence, witness D's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that the Plaintiff, as to the claim for cancellation of a contract, failed to implement the instant investment agreement that the Defendant decided to settle the profits each month and distribute the profits, and that the amount of liquidation received after arranging some stores is not distributed. Thus, the Plaintiff asserts that the said investment agreement was cancelled and the return of the investment

However, in the partnership agreement, such as the agreement of this case where a certain amount of contribution is to be paid and a profit is to be paid, it is only possible to request the dissolution of the partnership, to withdraw from the partnership, or to dismiss other members, as in the general agreement, and it is not possible to cancel the partnership agreement as in the general agreement and to bear the other party's obligation to restore the original state accordingly (see, e.g., Supreme Court Decision 94Da7157, May 13, 1994).