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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 1, 2014, the Plaintiff, a company that operates Kwikset Service, concluded a trade agreement with the Defendant, who operated Kwikset Service, to jointly operate the Plaintiff and settle profits and losses at 50:50 (hereinafter “instant trade agreement”), and agreed to terminate the instant trade agreement on July 25, 2015.
During the period of the partnership business, the representative director D deposited total of KRW 32,288,50 in the Plaintiff’s account managed by the Plaintiff, and deposited KRW 29,561,850 in the charging fee to E Co., Ltd. (hereinafter “E”) operating Kwikset Service Program, and paid KRW 30,063,630 in lieu of the Plaintiff’s tax, and only D was paid KRW 64,53,90 by the Plaintiff.
The Plaintiff borrowed a total of KRW 20,000,000 from F from September 2014, to June 2015, KRW 7,000,000 from G, and KRW 5,00,000 from H on April 23, 2015, respectively, and repaid to F 20,000,000 in total from November 2015 to October. 200.
The Plaintiff paid in lieu of KRW 14,869,210, 210, smuggling for the articles belonging to C operated by the Defendant with borrowed money from F.
Therefore, the Defendant is liable to the Plaintiff for the settlement of accounts regarding the instant business agreement from September 1, 2014 to July 25, 2015 (i.e., KRW 19,380,080, which was incurred from September 1, 2014 to July 25, 2015 (i.e., KRW 32,288,50, which was deposited into the Plaintiff’s account by D) (i.e., KRW 29,561,850, which was deposited into the Plaintiff’s account by filling in E) from KRW 30,063,630,630 to KRW 30,50, 200, KRW 80, KRW 1050, KRW 300, KRW 708, KRW 1050, KRW 500, KRW 700, KRW 530, KRW 205, KRW 1050, KRW 700, KRW 2005, KRW 2005, KRW