The Defendant, as a dentist, operates a dental clinic (Dental department). On October 29, 199, after completing business registration with the trade name of “E” and conducting online business of selling dental and general medical equipment, and established the Plaintiff around October 14, 2009 in order to continue to conduct business in the form of a company with large scale of sales.

【In the absence of dispute over the grounds for recognition, the summary of the Plaintiff’s assertion as to the respective entries in Gap’s Nos. 1, 2, 13, 33, 36, and Eul’s evidence Nos. 11 and 12, and the purport of the whole pleadings, the Defendant arbitrarily used the Plaintiff’s funds for personal purposes while operating the Plaintiff, and managed the said money as provisional payment.

According to the president of the Plaintiff’s account (Evidence A 19), the amount that the Defendant has not paid up to now reaches KRW 660,538,558.

In addition, from January 3, 2012 to December 17, 2015, the Defendant purchased dental equipment to be used by a dental clinic run by himself/herself from January 3, 2012 to the Plaintiff, and did not pay the total amount of KRW 86,33,748.

Therefore, the defendant should pay the plaintiff KRW 746,872,306 in total with the above provisional payment and the price of goods.

However, after the establishment of the plaintiff, the defendant paid the price for dental equipment purchased by the plaintiff on his/her own credit card, and the remaining amount of debt that the plaintiff currently bears to the defendant is KRW 1,631,346.

If the above provisional payment claims offset the defendant's claim against the plaintiff, 745,240,960 won (=746,872,306 - 1,631,346 won).

Ultimately, the defendant is liable to pay to the plaintiff KRW 745,240,960 and damages for delay.

Judgment

The obligation to return the provisional payment.