횡령금반환청구 및 구상금청구
1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.
2. The total cost of the lawsuit.
1. Basic facts
A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”) supplied alcoholic beverages from liquor sellers, such as Hartjin Co., Ltd. (hereinafter “Hawjin”) as a liquor wholesaler, and sold them to liquor retailers. Defendant B was in charge of the joint representative director of the Defendant A.
B. Defendant A operated a business for the retail of alcoholic beverages in four locations, such as C, D, ENorriju, and FNorriju Points (hereinafter “instant retail”). At the request of Defendant A, Defendant A borrowed KRW 135 million from ENorriro and lent it again to C.
C. Around July 30, 2013, the Plaintiff and Defendant A entered into a contract with the Plaintiff to transfer the instant liquor retail business rights to the Plaintiff (hereinafter “instant business transfer agreement”).
The main contents are as follows:
Article 1 The Plaintiff shall lend KRW 60 million to Defendant A.
Article 2 The above loans will be repaid from July 2013 to February 2015 to the profits earned by the Plaintiff from running a business for the retail of alcoholic beverages of this case during a period of 20 months.
Article 3 In order for Defendant A to lend to C, the Plaintiff shall take over the obligation of KRW 135 million borrowed from Hart-ro, but the Defendant A shall be liable for collecting and delivering KRW 5 million from C on the 10th day of each month to the Plaintiff.
Article 4. Defendant A is responsible for supervising and supervising the retail of alcoholic beverages of this case and is also responsible for collecting the above loans.
In accordance with the instant business transfer agreement, the Plaintiff accepted KRW 135 million with respect to Defendant A’s obligation for the loan of KRW 100,000 from August 2013 to November 201 of the same year, and the Defendants recovered KRW 5,000,000 per month from C and delivered it to the Plaintiff. Meanwhile, C directly repaid KRW 85,00,000 to the Plaintiff upon closure of business around March 25, 2016.
[Ground of recognition] Unsatisfy, Gap 1 to 6, .