1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. From June 2012 to October 2013, the Plaintiff served as the site director of C Multi-household Housing Construction Corporation (hereinafter “instant construction”) that the Defendant performed from June 2012 to October 2013. During the said period, the Plaintiff spent the site expenses, such as meals, on behalf of the Defendant, and received settlement from the Defendant under the pretext of a deposit.

B. The sum of the amounts the Plaintiff received from the Defendant is KRW 53,728,60,00 as follows.

Of 2012-2-077-05 2,340,00 2012-08-23,264,150-209-19 3,000, 2002-10-108-18,604, 4502-11-19, 500, 200-12-12-12-18, 4000, 200-18, 4,0000, 2013-01-16 2,800, 2000, 2003-27-27, 000, 200-27, 300-30, 200-630, 200-16, 200-630-16, 200-6, 300-16

2. The parties' assertion and judgment

A. In relation to the amount of money disbursed as the advance payment of the instant construction project (hereinafter “the advance payment”), the Plaintiff asserts that it is KRW 54,784,800, and the Defendant asserts that it is KRW 52,721,060.

With respect to the pre-payment that the Plaintiff received from the Defendant (hereinafter “pre-payment”), the Plaintiff asserts that it is KRW 52,228,600, and the Defendant asserts that it is KRW 53,728,600.

B. 1) According to Gap evidence No. 6, which the plaintiff finally arranged and submitted the settlement details of the advance payment, the plaintiff asserts that the advance payment exceeds KRW 53,867,060 among the advance payment, the part of exceeding KRW 53,867,060 is without merit. 2) The plaintiff asserts that the advance payment exceeds KRW 18,000 per day, and the defendant calculated less KRW 12,00 per day.

It is not enough to recognize that the food cost of the head of the direct management team was KRW 18,00 per day only with the statement of the evidence No. 6.