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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on 125.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. From November 10, 2010 to April 16, 2013, the Defendant entered into a partnership agreement with China’s textile machine manufacturers and the Korea General Agency Agreement with the Plaintiff, which stipulates that the expenses shall be jointly borne and the profits shall be divided by half (hereinafter “instant partnership agreement”). From December 10, 201 to April 16, 201, the Defendant operated the partnership agreement with the Plaintiff.
B. During the period of the partnership, the Defendant was in charge of the management of the funds, and the Defendant continued the business solely after April 16, 2013 when the partnership was terminated.
C. The Defendant was sentenced to imprisonment with prison labor for two years for occupational embezzlement in Daegu District Court Decision 2014 High Court Decision 2551, 4298 (Joint) and 6380 (Joint). The Defendant was sentenced to imprisonment with prison labor for one year and two months on the ground that there was no proof of partial embezzlement in the appellate court of the instant case, the Daegu High Court Decision 2015No3483 (Joint). Of the Defendant’s criminal facts found guilty in the appellate court, the Defendant was sentenced to imprisonment with prison labor for one year and two months.
1) On February 17, 2012, the Defendant embezzled USD 30,00 (Korean 33,690,000,000) by arbitrarily using USD 50,00,00 in the name of the Defendant’s other transaction parties, such as remitting USD 30,00 to the Defendant’s account under the name of the Defendant, in relation to USD 150,00 of the profits from selling textile machinery purchased by the Plaintiff, the Defendant, and Nonparty E by investing USD 75,00,00 for each of USD 75,00,00, from the Defendant’s joint investment with the Plaintiff on June 1, 2012, the Defendant received KRW 60,000,000 from the Defendant’s account in the name of the Defendant and returned KRW 30,000,000,000 among the profits accrued from trading with G in the name of the Defendant on June 1, 200.