1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is the owner of a fishing vessel G, who is engaged in fishery business, such as extinction and sacriff, etc., and the Defendant is a person who is engaged in the business of collecting agreed building costs on the condition that fishery products, such as extinction and sacriff, are dried up

B. If the plaintiff lives after the plaintiff's life is destroyed and the defendant's life is sent to the defendant, the defendant constructed and packaged the finished product and supplied the finished product to a consignment sale shop located in Seoul, etc. designated by the plaintiff (hereinafter "entrusted sale shop"). The consignment sale award transfers the total sales proceeds remaining after deducting all expenses, such as sales commission, transportation cost, loading and unloading cost, from the total sales proceeds around the day following the day when the plaintiff was supplied with the building and extinction, or transfers the total sales proceeds to the plaintiff, the destroyed articles and packing cost (hereinafter "the destroyed articles") and the remaining sales proceeds to the defendant, respectively, by means of remitting them to the plaintiff.

C. The price for drying and drying was calculated by multiplying the unit price per drying house supplied by the Defendant to the consignment sale, and the Plaintiff and the Defendant were 2,300 won per drying house from September 201 to September 201, and on September 12, 2010, the price for drying and drying was determined as KRW 2,200 per house only for drying and drying supplied by the Defendant to H.

On July 4, 2009, the Defendant borrowed 40,000,000 won from the Plaintiff to use it as facility investment costs for the building of fishery products located in the Da, Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant newly leased by the Defendant, without setting the due date for payment.

(hereinafter “the instant loan” or “the instant loan”). E

On September 13, 2010, the Defendant remitted KRW 10 million to the F account in accordance with the direction of the Plaintiff’s wife E.

F. The Defendant filed a claim against the Plaintiff for the amount of KRW 13,642,750, which was incurred between October 17, 201 and November 8, 2011, from the Taean Military Court of the Daejeon District Court of Busan District, 2012Gaso3948 (hereinafter “related cases”), to the Defendant until May 31, 2013.