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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. Purport of the claim.
Reasons
1. The reasoning for the judgment of the court of first instance cited in this case is that of the judgment of the court of first instance, the following judgments are added to the reasoning for the judgment of the court of first instance, and except to correct "the plaintiff" at the end of 5th and that of the end of 15th, to "the defendant", and therefore, it is identical to that of the judgment of the court of first instance. Therefore, it is acceptable
(4) On March 16, 201, the court of first instance asserts to the effect that the defendant has a right to claim the settlement of the amount equivalent to the above amount and a right to claim the return of the amount equivalent to the tax paid by the defendant on March 16, 201, and all of the remaining claims were not accepted by the plaintiff among the plaintiff's claims in this case. Accordingly, the defendant's additional statement on March 2, 201 was in a trial by the court of first instance. 26,896,000 won (=2,540,000 won) out of the funds in the partnership without the defendant's consent, and thus, the defendant has a right to claim the return of the amount equivalent to the above amount and offset the amount by the automatic claim.
However, in light of the above facts and the contents of Article 4 of the Joint Business Agreement (as the representative of E, the Defendant provided the Plaintiff with activity expenses of KRW 26,896,00 per month), the time when the joint business agreement was concluded (as the representative of E), credit card use time and amount, the Plaintiff’s assertion (as to September 4, 201 through March 2, 201), etc., KRW 1,452,00, which is paid orally from C without the agreement, was entirely used by the Plaintiff and provided with the I Corporation Card after the agreement was concluded). In light of the above facts, the evidence submitted by the Defendant alone is sufficient for the Plaintiff to use the amount of KRW 26,896,00 for the Plaintiff’s claim for the settlement of accounts or the right to claim for the return of unjust enrichment.