1. The judgment of the first instance, including the parts expanded by this court, shall be modified as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (around October 7, 2016, when using the trade name “H”) was established for the purpose of marriage wedding business, etc. on July 4, 2012, the Plaintiff (around October 7, 2016, changed to the current trade name) is a company that engages in marriage wedding business, etc. by leasing a Dong attached to the building of the J building located in Daegu Suwon-gu I from V Co., Ltd. (hereinafter “V”).

B. The Defendant was working as the Plaintiff’s representative director from November 3, 2016 to August 24, 2017 with the Plaintiff’s joint Plaintiff A (the Plaintiff’s joint representative director from November 3, 2016 to August 27, 2017) and was working as the Plaintiff’s joint representative director from August 27, 2014 to November 3, 2016, together with Q (the Plaintiff’s representative director from August 27, 2014 to November 11, 2016).

C. The Defendant kept the Plaintiff’s funds in the E Bank account (G; hereinafter “E Bank account in the Defendant’s name”) and the Enterprise Bank account (K; hereinafter “Defendant’s corporate bank account”) under the name of the Defendant, and disbursed the Plaintiff’s business expenses, etc.

The Plaintiff asserted that the Defendant embezzled the company’s funds, and filed a complaint with the Defendant on the charge of occupational embezzlement, but the prosecutor of the Seo-gu District Prosecutors’ Office at the Seo-gu District Prosecutors’ Office rendered a non-prosecution disposition against the Defendant on August 18, 2017 on the ground of lack of evidence.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 5, 7, 8, 9 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant provided the Plaintiff’s funds by transferring the Plaintiff’s account from the Plaintiff’s account or receiving transaction fees from the Plaintiff’s customer (in addition to the amount of the deposit and withdrawal slip attached to the judgment of the court of first instance, the Defendant asserted that there was an additional amount as set forth in the following 3.C.), only part of the Plaintiff’s business expenses were disbursed.