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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. While the Defendant employed the Plaintiff and engaged in the new construction business, from June 1, 2017 to the Plaintiff, the Defendant agreed to operate a new construction business of glass windows, such as housing, commercial buildings, etc. (hereinafter “instant partnership business”), and agreed to divide the net profit (total revenue - total expenditure) accrued every month into Plaintiff 45% and Defendant 55%.
On June 6, 2017, KRW 1400,000 won on the date of payment, October 21, 2017, KRW 1.0 million on July 4, 2017, KRW 5 million on July 29, 2017, KRW 300,000 on July 31, 2017, KRW 290,000 on December 29, 2017, KRW 300,000 on August 17, 2017, KRW 300,000 on August 3, 2017, KRW 300,000 on September 7, 2017, KRW 100,000 on KRW 500,00 on September 4, 2017, KRW 300,000 on September 30, 2015.
B. Under the instant trade agreement, the Plaintiff received KRW 32,60,000,000, in total, from the Defendant from June 6, 2017 to June 13, 2018 as follows.
C. The Defendant used a new bank account (D; hereinafter “instant account”) in the name of his wife C with the instant trade-related account, and used the said account for the purpose of paying and withdrawing the Defendant’s living expenses.
The balance of the instant account at the time of May 31, 2017, which was the transfer of the instant trade relationship, was KRW 1,887,875, and the amount deposited on the deposit date of KRW 13,407,500 on April 14, 2017, as of the deposit date of KRW 13,407,500,000 on June 2, 2017, 2017, as of May 17, 2017, KRW 307,500 on June 30, 2017, as of June 30, 2017, KRW 1,000,000 on June 30, 201, KRW 60,000 on April 24, 2017.
E. On May 31, 2018, the Plaintiff and the Defendant terminated the instant trade agreement, and at that time there existed KRW 16,252,949 in the instant account.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 24 and 25 evidence, the purport of the whole pleadings
2. The assertion;
A. The Plaintiff’s assertion 1 was KRW 77,818,243, which the Defendant brought about from the instant account to one’s own living expenses, etc., and the amount of KRW 6,256,57, which was irrelevant to the instant trade, would be deducted from the Defendant’s actual amount of settlement, 71,561.