손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. Basic facts
A. The Defendants are married with each other, and Defendant B is the Plaintiff’s friendship.
B. On May 9, 2003, the Plaintiff joined a limited partnership D (hereinafter “instant company”) as a general partner and was appointed as a representative member and operated the instant company.
Defendant B managed the instant company’s funds as an accounting of the instant company from around that time to August 2014.
Defendant C, on November 7, 201, partially acquired the Plaintiff’s shares, joined the company as a general partner of the instant company, and was appointed as a joint representative member, but on December 12, 201, retired from the joint representative member and transferred the Plaintiff’s shares entirely to the Plaintiff.
C. On August 27, 2015, the Plaintiff resigned from the representative member of the instant company, and transferred his/her shares to AB and AC to retire, and on the same day, the instant company was changed to “AD” and AB was appointed as the representative member.
[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 20, the purport of the whole pleadings
2. Determination on the claim for damages against the Defendants for tort
A. The gist of the Plaintiff’s assertion was that Defendant B managed the instant company and the Plaintiff’s funds through the account in the name of the Defendants and the account in the name of Plaintiff, E, and F.
The Defendants transferred the instant company and the Plaintiff’s funds in the account under the name of the instant company to the account managed by the Defendants, or deposited funds to the account of the instant company into the account managed by the Defendants.
As such, the difference between the instant company and the Plaintiff’s funds deposited into the account managed by the Defendants, and the difference between the money deposited by the Defendants to the instant company and the Plaintiff’s account is an abstract of the attached Table 14 attached to the annexed Table 2018.
A. The Plaintiff’s filing of the claim amount against the Defendants is KRW 266,852,60 (=90,593,600) - KRW 633,741,00, such as the Plaintiff’s filing of the claim amount.
(2).