1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. In full view of the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and all the arguments, the plaintiff filed a lawsuit against the defendant on December 22, 2005 with the District Court Decision 2005Gada90692, and on June 22, 2006, "the defendant shall pay to the plaintiff 5 million won by October 31, 2006. If the defendant fails to pay the above amount by the payment date, the defendant shall pay to the plaintiff the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the payment date until the day of full payment (hereinafter referred to as "claim of this case"), and the plaintiff shall be deemed to have filed the lawsuit of this case for the extension of the prescription period of the claim of this case. Thus, the defendant shall be liable to pay damages for delay calculated at the rate of 50 million won per annum and interest rate of 200% per annum 201.

2. Judgment on the defendant's defense

A. The Defendant asserted that the Plaintiff paid KRW 4,950,000 in total by depositing the Plaintiff’s account in the name of C, D, E, and F, which was designated by the Plaintiff due to the Plaintiff’s lack of passbook in the name of the Plaintiff.

In full view of the entries in Eul 1, 7, 8, 9, and Eul evidence Nos. 1, 3 (6 pages), G Bank at the court of first instance, and the results of each order to submit financial transaction information to IBK Bank to submit each financial transaction information, and the whole pleadings, the plaintiff resided in Seocho-gu Seoul Metropolitan Government Htel I and did not pay food expenses at a single restaurant located on the same floor of the same building, D, and F are the owners of the above one restaurant; the defendant paid D's passbook amounting to KRW 50,00,00 on December 14, 206; and the defendant paid KRW 20,000 on December 15, 2006 to D's passbook; and the fact that the F's passbook paid KRW 70,00,000 on Nov. 20, 2007; and the fact that each of them was paid on Feb. 15, 2007.