1. The plaintiff (Counterclaim defendant)'s main claim (including the main claim and the conjunctive claim) and the defendant (Counterclaim plaintiff) B.

Basic Facts

On January 29, 2013, the Plaintiff and Defendant C jointly agreed to sell golf products. However, the Plaintiff and Defendant C entered into a partnership agreement with the Plaintiff to take charge of the existing business property (security deposit, facilities, inventory goods, etc.) and to divide profits and losses into 50:50, and began business registration under the trade name of “D” from that time.

On January 27, 2014, the Plaintiff and the Defendants agreed that “The rights and obligations of Defendant C shall be transferred to Defendant B as the parties to the said partnership agreement changed from Defendant C to Defendant B (Defendant C’s punishment).”

Around June 2014, the Plaintiff and Defendant B terminated the partnership relationship on the grounds of business depression, trade secrets, etc., and around that time, the Plaintiff alone changed the business registration, but later changed the name of Defendant C again after three months.

【In the absence of dispute on the grounds of recognition, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, and a summary of the grounds for the lawsuit in the entirety of the arguments, which were deposited in the defendant C’s account during the period of business operation, is the price in which golf products were sold in D.

According to D's purchase and sale book prepared by three-party tax accounting corporations, purchase costs incurred during the period of the business are KRW 221,932,951.

Therefore, since the difference is 131,496,810 won (353,429,761 won-221,932,951 won) accrued during the period of the operation, the profit to be distributed by the plaintiff is 65,748,405 won (131,496,810 won x 0.5).

If this is divided according to the respective period of business with the Defendants, the profits that the Plaintiff has to receive from February 2, 2013 to January 2014, 2014, are KRW 53,614,425, and the profits that the Plaintiff has to receive from February 2014 to June 2016, are KRW 12,13,980.

The Defendants, even though they were obligated to pay each of the above money to the Plaintiff, embezzled the above money, and thus, are primarily liable for damages arising from illegal acts or under the partnership agreement.