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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant) A.
Reasons
1. Determination on the main claim
A. The Plaintiff’s assertion and the Defendant jointly established D, and each of the F Points was operated as a partnership business on August 30, 2013 and August 20, 2014. The Plaintiff and the Defendant established G jointly with Company A and operated H points as a partnership business.
The defendant used the profits without the consent of the plaintiffs, withdraws the bank loans and used the business cards for personal purposes, by creating the store management and the financial accounting of the defendant to take charge of it independently.
The plaintiffs suffered losses due to the above embezzlement, breach of trust, etc. by the defendant, and first claim KRW 20,000,100 among them.
B. The reasoning of the evidence Nos. 3 and 8 alone is insufficient to acknowledge that the Defendant caused damage to the Plaintiffs by committing an illegal act, such as embezzlement and breach of trust, as alleged by the Plaintiffs, and there is no other evidence to acknowledge otherwise.
(In light of the evidence evidence No. 25, in a criminal case where the plaintiffs filed a complaint against the defendant on the grounds of the same embezzlement and breach of trust as the causes for the plaintiffs' claims, the Seog District Office of the Daegu District Prosecutors' Office has taken a disposition to the effect that the defendant was not suspected of being guilty of insufficient evidence on January 17, 2018). Accordingly, the plaintiffs' claim against the principal lawsuit is without merit.
2. Judgment on the counterclaim
(a)as shown in the reasons for the attachment of the claim;
(b) Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;
3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit, and the defendant's counterclaim of this case is accepted as reasonable. It is so decided as per Disposition.