1. All of the plaintiff's claims are dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff and the Defendant, as a siblings, have been engaged in the wholesale business of automobile-related articles with the trade name D from September 16, 1994 to the building on the land of Bupyeong-gu Incheon in Bupyeong-gu, Incheon (hereinafter “instant business entity”). While engaging in activities with their respective representatives, the Defendant, who is the birth, was mainly in charge of fund management, and the Plaintiff, who is a punishment, was in charge of business customer management, product withdrawal, etc.

In addition, since the defendant was in charge of financing, most of the financial transactions of the company of this case were conducted through the company bank account (Account Number: E) in the name of the bank account holder managed by the defendant.

B. The Plaintiff and the Defendant distributed the profits accrued from the commencement of the instant company’s operation as a partnership business to 1:1. Accordingly, the Plaintiff received from the Defendant in charge of fund management the amount of 3.5 million to 4.5 million won per month. In particular, from 2011 to 2015, 1/2 of the net income for the instant company’s standard income statement submitted at the tax office was distributed as profit distribution.

C. However, from January 1, 2010 to December 31, 2016, the Defendant embezzled KRW 3,573,976,646 in total by omitting some of the sales revenue deposited from the sales office of the instant company from D’s account in the name of the pertinent company from the sales office, etc., and thus, the Defendant is liable to compensate the Plaintiff for the amount equivalent to the Plaintiff’s share out of the said embezzled money, which is the damage incurred by the Defendant’s embezzlement of the said company’s business property, in addition to the amount of profit distribution during the pertinent period.

Therefore, the defendant is obligated to pay to the plaintiff 1,786,988,323 won and damages for delay equivalent to 1/2 of the plaintiff's share in the above embezzlement as a result of a distribution of profit or tort. The plaintiff is obligated to pay 500,000,000 won, which is part of the above embezzlement.