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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Facts of recognition;
A. On September 2012, the Defendant, while carrying out Internet club activities related to audio equipment, became aware of the fact that the Defendant had been operating a business entity that manufactures, sells, and repairs musical instruments, sound equipment, etc. with the trade name of “J” in Seongdong-gu Seoul Metropolitan Government I.
B. Around October 2012, the Defendant agreed that the Defendant bears the development fund and provided H with technology and labor to develop and sell a new sound device with commercial nature and to divide profits therefrom.
C. From October 2012 to December 2013, the Defendant paid approximately KRW 251,368,326 as the sound device development fund to H over 50 times.
The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the Selection C, D, E, F, G (hereinafter referred to as the “Plaintiff, etc.”) are those who operate a business entity related to the manufacture, processing, etc. of sound machinery parts, such as metal products, gold-type, metal-related paints, etc., and upon receiving the order of H during the Defendant’s financing period, they traded goods as follows.
The parties to a contract shall select the outstanding amount of KRW 25,00 from November 11, 2012 to KRW 73,030,00 on January 21, 2014, KRW 25,675,00 on November 13, 2013 to KRW 8,350,000 on January 10, 2014; KRW 5,60,000 on KRW 2,750,00 on KRW 2,750,00 on 10,00 on October 31, 2013; KRW 30,000 on KRW 3,00,00 on KRW 2,30,00 on KRW 3,00 on KRW 2,00 on 13,00 on 20,00 on 20,00 on 20,000 on 2,30,000 on 2,00 on 13,205.38,20
E. Around March 2014, the Defendant filed a complaint with H on the grounds that H embezzled the Defendant’s investment funds, etc. The Prosecutor’s Office, who investigated the accusation case, received KRW 251,368,326 as the development cost of sound equipment from the Defendant on July 31, 2015, and kept the same in custody from October 17, 2012 to November 15, 2013.