대여금
1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 1,996,00 as well as the full payment with respect thereto from June 12, 2015.
Comprehensively taking account of the respective descriptions of Gap evidence 1 through 9 (including the number of branch offices) and the purport of the entire pleadings, the fact that the plaintiff paid KRW 2,640,000 to the defendant who worked as a seller at his/her workplace from February 2, 2013 to May 2013 as business activity expenses, and the plaintiff's workplace after paying the expenses necessary for business activity in advance to the defendant's workplace, and the plaintiff's workplace submitted to the company a business contract that occurred in the course of business activity and then deducted the amount that would be incurred in advance from the calculated allowance and the amount that would be incurred in advance from the payment. Accordingly, the amount that the plaintiff paid to the defendant is the amount that the plaintiff would return to the plaintiff if any balance remains after the settlement of accounts.
However, since the Defendant did not refund the remaining amount of business expenses that the Plaintiff received from the Plaintiff even after the completion of the business schedule, the Defendant is obligated to pay to the Plaintiff the remainder 1,996,000 won, excluding the amount that the Plaintiff had extinguished by payment, etc. in accordance with the above business agreement, and damages for delay calculated at the rate of 20% per annum from the day following the service date of the written application for modification of the purpose of the claim and the cause of the claim of this case to the day of full payment
(A) The plaintiff filed a lawsuit for a loan at the court of first instance, but changed the cause of the claim to the agreed amount claim. Therefore, the plaintiff's claim should be accepted for the reasons. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance is revoked and the plaintiff's claim is accepted. It is so decided as per Disposition.