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1. Of the instant counterclaim, the part regarding the claim for damages arising from tort due to embezzlement as stated in the attached Table 1.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The relationship 1) around July 2010, the Plaintiff changed the name of the F Co., Ltd. (hereinafter “Co. G”) that runs liquor sales business, etc. with Defendant C, D and E, to “Co., Ltd.” on October 11, 2013.
hereinafter referred to as “F”
(2) The Plaintiff, Defendant C, and D, from July 2010 to operate jointly with E and F, withdrawn from the said Dong company on August 2012, when they were to operate jointly with E and F.
3) Meanwhile, around July to August 2012, the Plaintiff is the Defendant Limited Partnership Company B (hereinafter “Defendant Company”) that runs the wholesale business of Defendant C, D, H, and various kinds of alcoholic beverages.
A) A partnership agreement with the joint operation of the company was concluded, and around September 2012, F took over the Defendant Company. 4) At that time, F settled the Plaintiff’s shares, and F transferred liquor payment claims against the Defendant Company and transferred liquor payment claims against the said Customer.
5) From September 1, 2012 to August 31, 2013, the Plaintiff: (a) was in charge of managing customers and receiving alcoholic beverage payments as the warehouse of the Defendant Company; (b) during the said period from September 1, 2012 to March 31, 2013, the Plaintiff was in office as a director of the Defendant Company; (b) on November 5, 2015, the Plaintiff embezzled the total amount of alcoholic beverage payments received from each business proprietor of the Defendant Company from Busan District Court from June 25, 2013 to August 30, 2013 by arbitrarily consuming KRW 11,112,400 as shown in the attached Table 1.
“The Plaintiff was sentenced to a fine of KRW 5,00,000 due to the crime of occupational embezzlement of the content. Accordingly, the Plaintiff appealed from Busan District Court 2015No4171, but the said court on September 2, 2016, “The Plaintiff and Defendant C, D, and H operate the Defendant Company based on the same business relationship, but the Plaintiff did not complete the settlement of profits and losses.”