대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance trial, the Plaintiff sought a loan of KRW 1.52 million from the first loan to the Defendant in 2011 and KRW 5 million from the first loan in June 2011. The court of first instance dismissed the Plaintiff’s claim of KRW 5 million from the first loan in June 201 and the claim of KRW 1.52 million from the first loan in June 201.
Since only the defendant appealed against this, this Court's decision is limited to the loan claim of the above five million won.
2. The parties' assertion
A. Since the Defendant borrowed KRW 5 million from the Plaintiff at the beginning of June 2011 as a security deposit, the Defendant is obligated to pay the Plaintiff KRW 5 million and its delay damages.
B. Since the Defendant received KRW 5 million from the Plaintiff as an advance payment for the business dividends of the Defendant’s share in the business run by the Defendant, and agreed to deduct the above KRW 5 million from the business dividends to be paid by the Defendant, there is no obligation to pay the Defendant’s loan to the Plaintiff.
3. The following circumstances, where there is no dispute between the parties to the judgment, or where Gap evidence 3-3, Gap evidence 6-2, testimony of the witness of the first instance court, and the purport of the entire pleadings, the plaintiff withdraws 5 million won from the passbook in the name of the plaintiff on June 3, 2011; the original defendant and the defendant stated that Eul operating a "D restaurant" as a business partnership around May 3, 201 shall borrow 5 million won from the plaintiff as security deposit as security deposit; the defendant received dividends as sales dividends in the first month of the "D restaurant"; the defendant received dividends in this million won from the business month of the above "D restaurant"; and the defendant did not receive dividends from the written objection to the payment order of this case to the "D restaurant" until October 10, 2012 after the commencement of the business of the "D restaurant" around May 3, 2011, and did not receive dividends from the first day for pleading at least two million won on June 25, 2014.