1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. At around 2006, the Plaintiff received the Defendant’s proposal of investment from the Defendant’s representative director, and made investment in the name of the Defendant, such as lease deposit, tegrative expenses, etc. necessary for the Defendant’s operation of the Domnam Station (hereinafter “instant store”). The Defendant, operating the instant store as a direct store, bears the expenses of building rent, management expenses, etc., and the profits accrued from the operation of the said store belong to the Defendant. However, regardless of whether the instant store’s profits accrued or not, the Defendant paid dividends of KRW 9 million per month to the Plaintiff and returned the investment principal when the agreement is terminated (hereinafter “instant investment agreement”).

B. After receiving a loan of KRW 450,000,000 from Han Bank, the Plaintiff paid KRW 440,000 to the Defendant pursuant to the instant investment agreement.

On September 29, 2006, the Plaintiff entered into a lease agreement with K under the name of the Plaintiff to lease the instant store to KRW 200,000,000 (which is part of the KRW 440,000 paid to the Defendant at the above time) and completed the registration under the name of the Plaintiff around that time.

C. The Defendant paid to the Plaintiff dividends of KRW 131,00,000 in total between April 2, 2007 and February 2, 2010, but as of March 2010, the remainder dividends of KRW 238,000,000 (i.e., total dividends of KRW 369,000,000 from November 206 to March 2010 - total dividends of KRW 131,00,000) were not paid. At the end of March 2010, the Defendant unpaid rent of KRW 94,974,832 in total for the instant store as of March 2010.

The plaintiff did not pay dividends properly, and requested the defendant to settle accounts and change the amount payable after selling the store of this case.

On March 30, 2010, the defendant's dividends amounting to 369,00,000 won for dividends to the plaintiff, and the rent unpaid amounting to 94,074.