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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation in this part of the facts of recognition is the same as the part of "2. Facts of recognition" among the grounds for the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Assertion and determination
A. According to the above facts of recognition as to the cause of claim, the Defendant and D agreed to refund the Plaintiff’s investment amounting to KRW 65 million between the Plaintiff and the Plaintiff on November 201, 2012, and to pay the interest calculated at the rate of KRW 1 million from November 30, 2012 to the end of each month from the date of full payment of the said money (hereinafter “instant agreement”).
Therefore, according to the agreement of this case, the defendant is obligated to pay to the plaintiff the interest or delay damages calculated at the rate of 65 million won per month and 1 million won per month.
B. The defendant's assertion (1) argues that the agreement that the plaintiff would not receive money as a result of the plaintiff's withdrawal from the association because the small assets of the association exceed active property at the time of the plaintiff's withdrawal, and that the plaintiff would receive full refund of D and the defendant's 65 million won from D and the defendant when the plaintiff withdraws from the association, is acknowledged to restore the duty to restore according to the termination of the association agreement that is not recognized under the association agreement, and thus, the other party bears the duty to restore due to the agreement.
In a partnership agreement such as a partnership agreement, only a request for dissolution of a partnership, withdrawal from a partnership, or expulsion from another partnership can be made, the partnership agreement cannot be cancelled or terminated as in a general contract, and the other party shall not be obliged to recover from its original status.
(see, e.g., Supreme Court Decisions 94Da7157, May 13, 1994; 2013Da29717, Jun. 11, 2015). However, in the case of this case, D and the Defendant.