2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. A. The establishment of the Defendant Company and the Plaintiff’s representative director (1) C established the FF Company (hereinafter “F”) on March 1998 and operated the business of developing the computer program as an employee of the Plaintiff, E, and D. On October 2008, the F was discontinued upon imposition of a large amount of taxes and a surcharge.

C After that, on February 20, 2009, most of F’s customers were succeeded to the establishment of the Defendant Company, which is engaged in the same business, and the Plaintiffs, E, and D were employed by the Defendant Company and continued to conduct the same business with C.

(2) Since C was a bad credit holder during the closure of the F business, the Plaintiff was the representative director of the Defendant Company in the name of the Defendant Company, but up to January 2010, at the time of the establishment of the Defendant Company, C was in charge of the overall management, including the management of funds, as a substantial manager.

B. On the ground that the Defendant Company’s corporate card used by the Plaintiff, C, E, and D refused to grant approval as a policeman on December 2, 2009, E, D became aware of the Defendant Company’s personal use of the Defendant Company’s funds, and subsequently, it was concluded a verbal agreement between the Plaintiff, C, E, and D around January 2010, that “C is at the management of the Defendant Company, and the Plaintiff actually manages the Defendant Company as its representative director, and the profits accrued from the G business, which was received by the Plaintiff, C, as the effort of the Plaintiff, C, and 50% of the profits accrued from the business, which was received separately from the relationship with C, are divided between C and the Defendant Company,” (hereinafter “first agreement”).

C. After the second agreement between the Plaintiff, C, E, and D (former bilateral agreement) of this case, the Plaintiff managed the company’s funds while managing the Defendant Company. On September 2012, the Plaintiff and E managed the company’s funds, and the issue between the Plaintiff and E, the occurrence of the deficit in the software business division, the replacement of the representative director’s vehicle.