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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 1, 201, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant to jointly establish and operate the hospital (hereinafter “instant hospital”) from Nos. 301, 401, and 701 of the Seocho-gu Busan City Building C, Busan (hereinafter “the instant hospital”), and jointly operated the instant hospital from March 7, 201.
B. The Plaintiff did not prepare an agreement on the partnership business under the instant agreement with the Defendant, but at the time of the establishment of the instant hospital, while managing the funds, the Plaintiff distributed the profits excluding expenses mutually understood from the profits of the instant hospital at an equal rate each month and paid the profits to the Defendant.
C. Since then, the Plaintiff and the Defendant had conflict with respect to the operating method of the instant hospital, etc. from around December 2015, discussed the allocation of assets and the settlement of debts for the termination of the instant club business relationship.
As above, the Plaintiff thought that from March 201 to January 2016, 201, the Plaintiff used less than KRW 397,150,393, than the Defendant as shown in the following table, while proceeding with discussions on the termination of the instant relationship. On February 3, 2016 and February 4, 2016, the Plaintiff arbitrarily transferred KRW 397,150,963, which is the amount that the Defendant thought to have used more than the Defendant’s funds from the instant hospital’s funds to the Plaintiff’s personal account.
On December 22, 2016, the Defendant filed a complaint that the account transfer constituted embezzlement, and the Plaintiff was sentenced to a suspended sentence of one year for six months in the Busan District Court Decision 201Da5611 on December 22, 2016 and the said judgment became final and conclusive around that time.
E. (Units.) The difference in the cost of the Plaintiff’s use of the Defendant 1,420,629,475 1,104,297,492 316,31,983 Card 12,858,298,205,90,652,398 vehicle rental fee 238,081,312,04,304, 306,982,982,4.