1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff and the Defendant agreed to carry on the repair business of cultural heritage in December 2007, and agreed to carry on the repair business of cultural heritage, from January 2008, and invested 50 million won each from January 2008 to operate the cultural heritage repair business of C (hereinafter “C”).

(B) The above partnership between the Plaintiff and the Defendant (hereinafter referred to as the “instant partnership”).

In January 2010, the Plaintiff and the Defendant decided to terminate the partnership relationship, and the Plaintiff retired from C.

C. After the termination of the partnership relationship, the Plaintiff filed a complaint with the Defendant to the effect that “the Defendant embezzled without settling the profits accrued from the partnership relationship,” as the Defendant did not comply with the request.

Meanwhile, the Defendant used C’s “Seoul Bank D” deposit account, “Seoul Bank E” deposit account under the name of the Defendant, and “Seoul Bank F” deposit account for the company’s joint fund account (under the following, each of the above deposit accounts is referred to as “public fund account”) and used the Defendant’s “Seoul Bank G” deposit account under the name of the Defendant (hereinafter “G account”) by mixing the company’s joint funds and the Defendant’s personal funds.

E. On February 27, 2013, the Defendant: (a) voluntarily deposited KRW 158,363,101 on 154 occasions from Jan. 7, 2008 to Feb. 8, 2010 while receiving and storing KRW 16,50,00 from the person in charge of the contractor’s work; and (b) arbitrarily used KRW 16,50,000 from Oct. 30 to Feb. 12, 2010 by means of entering excessive expenditure over 10 times from Oct. 30, 208 to Feb. 12, 2010; (c) using KRW 5,571,35,350 from Apr. 208 to Apr. 35, 208 by means of personal use of remaining balance after cash withdrawal; or