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. Facts of recognition;

A. On November 2012, the Defendant served as the head of a department at a entertainment establishment called “C” and moved to a entertainment establishment operated by the Plaintiff, and received KRW 15 million from the Plaintiff.

(hereinafter “the instant money”). (b)

In relation to the receipt of the instant money, the Defendant issued a cash storage certificate to the effect that “the Plaintiff promises to make a repayment immediately upon the Plaintiff’s request for payment,” and a written agreement to the effect that “the Plaintiff shall borrow KRW 15 million under the working conditions, and immediately refund the said advance payment at the time of absence or relocation of another business establishment. In the event of the return of the advance payment, the terms and conditions of exchanging with this Agreement, and any receipt other than this Agreement shall not be recognized as documentary evidence for the return of the advance payment.

C. Since then, the defendant was retired from office while working for one year at the plaintiff's establishment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from July 10, 2014 to February 13, 2015, which is the day following the delivery of a copy of the complaint of this case, as sought by the Plaintiff, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

B. As to this, the Defendant had operated a business in such a way that the Defendant pre-paid the liquor value, service fees, and agency expenses to be paid to team causes E while working in the above business establishment E, and then paid the remainder after deducting the amount paid by the Defendant from the customers later. The instant money was received as the name of the job support fund to be paid by the Defendant while running the business, and the Plaintiff’s business establishment exceeded 70 million won at the time of the Plaintiff’s business establishment.