A. On July 18, 2017, the Seoul Rehabilitation Court approved the rehabilitation plan on July 18, 2017 and is still in the rehabilitation procedure. The Plaintiff is a person appointed as the manager of the Plaintiff Company.

B. On June 20, 2015, the Plaintiff Company entered into an interim management contract with Defendant D, and Geumcheon-gu, Geumcheon-gu, Seoul, with the purport that the sales and management work at the Plaintiff Company’s operating stores shall be delegated to the above Defendant and the fees agreed on the basis of monthly sales prices shall be paid (hereinafter “instant contract”).

Defendant D immediately entrusted Defendant C with all rights and obligations under the instant contract, and accordingly Defendant C entirely managed the store.

C. According to the instant contract, Defendant D shall conduct a inventory inspection at the end of each month on goods under his/her control and report the settlement of accounts at the end of each month (Article 8(2) of the intermediate management contract), and when there is a difference between inventory and inventory of the Plaintiff Company as a result of inventory inspection, the above Defendant is responsible for and the current sales price shall be reimbursed at 70%, and the Plaintiff Company may pay the said Defendant after deducting the amount of reimbursement at the time of payment of fees. The Plaintiff Company set forth that the remaining balance after the settlement of claims and obligations should be returned to the said Defendant (Article 11(1) through (3) of the said contract).

C. On March 15, 2017, the Plaintiff Company closed the sales room and conducted a inventory inspection on the basis of the above date. In comparison with the revenue and expenditure payment details of the Plaintiff Company, there was a lack of goods worth KRW 180,300,50 based on the sales price at the time.

[Reasons for Recognition] Facts without dispute, entry of Gap 1-22 evidence (where there are branch numbers in documentary evidence, entry of branch numbers is omitted; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. According to the facts established above, the instant case is deemed to have been established.