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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Defendant.
Reasons
1. The reasoning for this part of this Court is as follows: (a) the reasoning for this part of the judgment of the court of first instance is that of “1. Basic Facts” is the same as that of the judgment of the court of first instance.
2. The parties' assertion
A. Plaintiff (1) invested KRW 80,000,000 in cash in accordance with the instant trade agreement.
② From the date of the conclusion of the above business agreement, Defendant B was in charge of the management of money, including the receipts and disbursements of accounts, to the business chain E under the above business agreement.
Defendant B embezzled an amount equivalent to KRW 1,771,446,573 out of the business funds of the above E, including personal vehicle leasing charges, loan repayment, telephone charges, card use charges, and insurance proceeds, without settling accounts with the Plaintiff properly, and then embezzled the amount of KRW 1,771,46,573 out of the business funds of the above E.
If the above amount deducts KRW 72,440,450 paid by Defendant B to Defendant G (the wife of the Plaintiff) and KRW 6,000,000 arbitrarily used by the Plaintiff, the actual amount of settlement under the instant business agreement is KRW 1,693,06,123.
③ Other taxes in arrears borne by the Plaintiff due to E established under the instant trade agreement are KRW 116,361,450.
The instant agreement was terminated on December 10, 2015, and the ratio of profit and loss distribution was 5:5. As such, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 40,000,000 (50% of the Plaintiff’s investment), KRW 58,180,000 (tactation less than KRW 50,1,000 among the taxes imposed on the Plaintiff), and KRW 846,503,000 (tactation less than KRW 50,1,000 of the amount embezzled by the Defendant) due to settlement or embezzlement of the said agreement.
In addition, Defendant C voluntarily withdraws money from the E’s business account operated in accordance with the above business arrangement as the wife of Defendant B, with the well-known knowledge of the instant business arrangement, and personal living expenses, such as credit card payments, handphones, and insurance premiums.