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1. Defendant C’s year from April 8, 2015 to February 18, 2016 to KRW 7,432,550 to Plaintiff C.
Reasons
1. The facts following the facts are not disputed between the parties, or can be found to have been described in Gap evidence Nos. 1 to 5, 12 to 17, and 30 to 32 (including paper numbers). A.
Plaintiff
B and the Defendants entered into a partnership business agreement (hereinafter “instant partnership business agreement”) on January 8, 2014, and established the Plaintiff Company for the purpose of mobile phone wholesale and retail business.
B. According to the instant agreement, among the Plaintiff Company’s shares, Plaintiff B was 41.16%, Defendant C was 41.16%, Defendant D’s holding at each ratio of 17.68% ( Plaintiff B20,580 out of 50,000 shares of outstanding shares, Defendant C20,580 shares, Defendant D8,840 shares), Plaintiff B agreed to make an investment by assessing KRW 30,000,000 in cash as KRW 40,000,000 in total, and the store operation know-how as KRW 70,00,000,000 in cash, and Defendant D agreed to make an investment by assessing KRW 10,000,000 in total and KRW 30,000 in legal knowledge know-how as KRW 20,000 in total.
C. In operating the Plaintiff Company, Plaintiff B took office as the representative director, and Defendant C took charge of business and financial management.
Plaintiff
B and the Defendants agreed to terminate the instant partnership agreement on January 29, 2015 on the grounds of the Plaintiff Company’s managerial difficulties, and as a result of settlement of business performance until this time, it became clear that the account balance falls short of KRW 1,939,375 compared to the settlement of accounts.
E. Meanwhile, between August 18, 2014 and December 26, 2014, Defendant C wired total of KRW 2,220,550 from the Plaintiff Company’s account to its own account in 16 instances of re-issuance or face-to-face withdrawal. On February 27, 2015, Defendant C received KRW 3,312,000 from the Plaintiff Company, a customer of the Plaintiff Company, to its own account.
2. Determination:
A. (i) According to the above facts of recognition as to the claim of the Plaintiff Company, Defendant C has a duty to manage the account as a transparent and accurate person in charge of finance of the Plaintiff Company in a transparent and accurate manner so as not to cause loss to the Company.