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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff remitted KRW 30,000,000 to the Defendant’s account on July 5, 2013, and KRW 90,000,000 on July 11, 2013, and the fact that the Defendant remitted KRW 30,00,000 to the Plaintiff’s account is no dispute between the parties.
The plaintiff asserts that the above money was transferred to the defendant under the loan agreement with the defendant, and that the above KRW 30,000,000 was received as part of payment. However, there is no evidence to acknowledge this, the plaintiff's argument about the main claim is without merit.
2. The plaintiff, while the plaintiff and the defendant operated a credit business as a partnership business, he lent a total of KRW 129,000,000 to C over two occasions from July 2013 to August 2013, and caused losses to the same business. Since lending to C was made with the plaintiff's funds, and the defendant did not receive any collateral from C, he was responsible for failing to perform his duty of care as a good manager under Articles 707 and 681 of the Civil Act, and the defendant is liable to the plaintiff for failing to perform his duty of care as a good manager under Article 707 and Article 681 of the Civil Act, and the plaintiff requested the plaintiff to withdraw from the partnership or to dissolve the partnership, and the defendant is liable for the loss ratio of KRW 45,00,000 to the plaintiff, who is liable for the loss ratio of KRW 5:5.
First of all, regarding the argument regarding Article 707 and Article 681 of the Civil Code, in this case, the Minister of Health and Welfare had the defendant perform his duties on the premise that the plaintiff, in particular, was provided with security for the execution of the loan required by C.
In addition, there is no evidence to deem that the Plaintiff and the Defendant did not receive any security only from C in violation of the provision, although the provision of security was accompanied by a certain standard in the lending business conducted by the Plaintiff and the Defendant.
The above argument is without merit.
I examine the argument about the withdrawal and dissolution of partnership.
(a) a partner who withdraws;