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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. The Plaintiff, in the absence of dispute, remitted to the Defendant KRW 5 million on August 10, 2010, KRW 200,000,000 on August 22, 2010, and KRW 6,480,000 on September 7, 2010. The Defendant remitted KRW 1.5 million to the Plaintiff on November 3, 2010.
2. The parties' assertion
A. The Plaintiff: Around September 2010, the Plaintiff lent the Defendant a total of KRW 6,480,000 and KRW 7,980,000 in cash.
However, the defendant did not pay the above borrowed money.
B. The Plaintiff, the Defendant, and C agreed to carry on the same business as clothes.
6.80,000 won that the Plaintiff remitted to the Defendant is an investment under the above business agreement, and the Defendant paid 1.5 million won to the Plaintiff on November 3, 2010 as the profit accrued from the business relationship.
Even if the above 6.48 million won was borrowed, 1.5 million won was repaid.
3. Determination
A. 1) According to the following facts and circumstances, the above facts can be acknowledged by comprehensively taking account of the descriptions of evidence Nos. 2, 7, and 11 of the above facts, and the testimony and the entire purport of arguments by witnesses of the first instance court C, the above amount of KRW 6,480,00 shall be deemed loans. ① If the Plaintiff and the Defendant engaged in the business of using clothes and invested the said money, such circumstances should have been stated as to the process of business or liquidation between the Plaintiff and the Defendant, but such circumstances do not appear at all. In particular, the Defendant argued that the Plaintiff provided a commercial building for one year to provide clothes and provided a rent and opened the clothes around September 201, and that the period of the lease was eight months and the Plaintiff was not opened, and that the Plaintiff was retired from office on November 1, 2010, and that most of the Plaintiff, an investor, and the Plaintiff, at the beginning of 100,000 won, retired from office on October 21, 2010.