1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is about 1,000. 1,000.

1. Basic facts

A. From April 14, 2011, the Defendant (Counterclaim Plaintiff, hereinafter only referred to as the Defendant) operated the “C Licensed Real Estate Agent Office”, and the Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) served as an employee of the said office from July 1, 2013.

B. On November 1, 2013, the Plaintiff and the Defendant agreed to operate a licensed real estate agent’s office as a partnership business, and that “The investment cost of 35 million won shall be borne by 50% each, and the distribution of earnings shall be made from the total profit amount and 50% each, and if one of the partners is unable to operate his/her business, the remaining one shall acquire the equity or liquidate the place of business by selling it.”

C. On December 12, 2013 after the business partnership agreement, the Plaintiff and the Defendant changed part of the business partnership agreement by adding the following: “After completing the business registration with the trade name of “D Licensed Real Estate Agent Office” in the Plaintiff’s name, two authorized brokerage offices jointly operate the two offices; and when the business operation issues arise due to deceiving the other party to the business operation (such as breach of the business partnership agreement, manipulation of revenue, embezzlement, etc.) to the partner as penalty, one cannot demand the return of its own investment shares.”

The Plaintiff and the Defendant agreed on September 2, 2014 to cancel the instant partnership agreement as of December 31, 2014 due to a dispute between the Plaintiff and the Defendant. Accordingly, the Defendant returned KRW 17.5 million to the Plaintiff on December 29, 2014.

E. On November 17, 2014, the Plaintiff filed a criminal complaint against the Defendant, such as obstruction of business, breach of trust, and embezzlement. Accordingly, the Defendant was sentenced to a fine of 700,000 won for the crime of occupational embezzlement at the Daegu District Court on January 15, 2016 (2015No1577), and the Defendant filed an appeal and was acquitted on September 22, 2016 at the same court (2016No300). The instant case was appealed and pending in the Supreme Court.

(2016Do16455) Meanwhile, the Defendant’s occupational embezzlement.