손해배상(기)
1. The Plaintiff (including the counterclaim)’s principal claim against the Defendant (including the Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On July 1, 2008, the Plaintiff and Defendant B entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that they jointly manage gold-type processing chain E (hereinafter “instant company”) and distribute profits and losses therefrom to one-half.
The Plaintiff and Defendant B operated the instant company without clear criteria for profit distribution or fund management methods, and have been paid the credit card price used by each party, which is not the monthly wage, as the corporate fund.
On July 15, 2013, the Plaintiff and Defendant B terminated the instant partnership agreement due to disputes arising from the voluntary use of trade partner accounts.
On August 2013, the Plaintiff filed a complaint with Defendant B under suspicion that “The Plaintiff embezzled the total amount of KRW 963,274,276 of the Company’s capital from January 2010 to July 2013 by personally using the same amount.” However, the head of the Si/Gun/Gu office in the Suwon District Prosecutors’ Office rendered a decision on December 31, 2013 that there was no suspicion.
The Plaintiff, around September 2013, at the location of the place of business of the instant company, establishes the Gold Heat Processing Manufacturing Business Co., Ltd. F (hereinafter referred to as “Nonindicted Company”) as the location of its principal office. The Plaintiff is running the said business by using an iteming channel, dust path, etc., which was the assets of the instant company, as it is.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 9 (a business contract, and a personal examination result of the plaintiff's identity), and the authenticity of the above document is presumed to have been established since the following stamp image after the plaintiff's name was based on the plaintiff's seal. Accordingly, although the plaintiff alleged that the above seal was stolen by the defendant Eul, there is no evidence to acknowledge it, the above argument is not accepted)'s written statement, the whole purport of oral argument.
2. The parties' assertion
A. Defendant B’s summary of the Plaintiff’s assertion is the financial management of the instant company.