1. The plaintiff's claim is dismissed.

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

1. The fact that the Defendant embezzled KRW 110 million from the sale price of the above pharmacy around December 2, 2004 while the Plaintiff and the Defendant operated the said pharmacy located in Nam-gu C as a partner in the partnership business at the time of port and in the event of port and port. There is no dispute between the parties.

Therefore, the defendant is obliged to pay the above embezzlement and damages for delay due to tort unless there are special circumstances to the plaintiff.

2. As to the defendant's defense, the defendant asserts that the plaintiff's right to claim damages has expired.

A claim for damages due to an illegal act shall be extinguished by prescription when ten years have elapsed from the date of the illegal act.

In this case, the lawsuit of this case was filed after 10 years from December 2, 2004, which was the date of the defendant's illegal act, and the plaintiff's claim for damages expired by prescription.

Therefore, the defendant's defense is justified.

3. As such, the plaintiff's claim is dismissed as it is without merit.