1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff operated the beauty art room in the name of “D store” on the third floor of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant beauty art room”).

From August 3, 2015 to August 31, 2017, the Defendant served as a Hdyer in the beauty room of this case.

B. The Plaintiff was engaged in the business of selling coophones and pre-paid tickets to customers of the beauty art room of this case through the hardner belonging to the Defendant, etc., and then deducting the sales amount by providing services such as har design equivalent to that amount.

The Plaintiff settled the sales amounting to 30% of the sales amount, such as prepaid cards, by paying it to the hedgedr who sold the sales, and by having the hedgedr provide services equivalent to the sales amount to the customers.

C. On September 1, 2017, the Plaintiff transferred the beauty art room of this case to E, and agreed that E take over the debt incurred from the sale of the instant beauty art room, such as prepaid cards, instead of receiving premiums therefor.

As of August 31, 2017, the Defendant sold pre-paid cards, etc. by August 27, 2017 while working in the beauty art room of this case. Of the pre-paid sales, the Defendant sold the pre-paid cards, etc. to customers who did not yet provide services and remains without settlement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional numbers), witness E and F testimony, the purport of the whole pleadings

2. Determination:

A. According to the facts of determination as to the cause of the claim, the amount of advance payment made by the Plaintiff to the Defendant out of the sales amount, such as prepaid rights, constitutes advance payment premised on the Defendant’s provision of services equivalent to the sales amount to the customers later.

Therefore, barring special circumstances, the Defendant is obligated to return to the Plaintiff the unpaid balance of KRW 7,448,100 (=24,827,000 x 30%) out of the amount paid in advance from the pre-paid sales revenue.

B. The Plaintiff’s agreement on exemption from settlement of accounts.