1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 7, 2015, the Defendant, along with C and D on April 7, 2015, had established the Plaintiff on the first floor of Seongbuk-gu E Commercial Building (hereinafter referred to as the “instant store”) to operate the emblem center as a partnership business.

B. From the time of establishment of the Plaintiff, the Defendant served as the Plaintiff’s internal director from November 21, 2017.

C. On September 7, 2015, the Plaintiff entered into a management lease agreement (hereinafter “the instant lease agreement”) between F and F on a monthly lease rate of KRW 1,367,80, and the lease period of KRW 48 months.

On March 28, 2017, F sent to the Plaintiff a notice stating that the instant lease contract is terminated on the grounds of delinquency in the rent of two months, and that the sum of the principal in arrears and the panel fee of KRW 22,922,201 shall be paid, and that the vehicle shall be returned.

E. On the other hand, on April 1, 2015, C leased the instant store from the E Management Body to KRW 50,000,000 for lease deposit, and KRW 4,500 for monthly rent (excluding value-added tax). On the other hand, C concluded a commercial lease agreement with the E Management Body on December 10, 2015 as the lease deposit amount of KRW 132 for the instant store to lease KRW 30,000 for lease deposit, KRW 3,500 for monthly rent, KRW 3,500 for rent, KRW 146 for rent, KRW 10,000 for rent, KRW 100 for rent, KRW 100 for rent, and value-added tax (hereinafter “the lease agreement”). On the same day, the Defendant concluded a lease agreement with the aforementioned Management Body as the lease deposit amount of KRW 20,00 for rent, KRW 100 for rent,00 for month, and KRW 100 for value-added tax (hereinafter “Defendant”).

F. The plaintiff, while the defendant was in charge of the plaintiff's accounting affairs and kept the plaintiff's money, enter the rent of 10,031,310 won in the account book as if he paid the lease fee of this case while he was in charge of the plaintiff's accounting affairs and embezzled it at will, and received KRW 30,000,000 from the E management body in relation to the lease agreement under the name of the defendant, for the plaintiff