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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a person running a restaurant with the trade name “D” in Gwangju City, and the Defendant was a person who worked from August 2008 to December 21, 2008 as a principal employee from the Plaintiff’s restaurant to December 21, 2008.
B. On November 14, 2008, the Plaintiff withdrawn KRW 4,000,000 from his own account. On November 18, 2008, the Plaintiff transferred KRW 26,000,000 to the Defendant’s account on November 18, 2008. On March 9, 2009, the Plaintiff borrowed KRW 30,000,000 from the Industrial Bank of Korea, and then remitted the money to the Defendant, and on March 10, 2009, returned KRW 30,000,000 from the Defendant on March 10, 2009; and the Defendant remitted KRW 50,00,000 on November 28, 200, KRW 50,000 on February 10, 200, KRW 4050 on February 27, 2009, KRW 300 on May 30, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion 1) Upon the defendant's request that she lent studio lease deposit, the plaintiff paid 4,000,000 won in cash to the defendant on November 14, 2008. On November 18, 2008, the plaintiff lent 26,000,000 won in total to the defendant (On the other hand, the plaintiff's husband urged the defendant to receive 30,000,000 won from the defendant to pay the above 30,000 won to the her husband (the plaintiff's husband urged the defendant to receive 30,000,000 won from the her husband on March 9, 2009 and transferred it to the defendant on March 10, 2009 after receiving 30,000,000 won from the defendant.
(2) In addition, the Plaintiff provided additional loans to the Defendant for KRW 30,000,000,000 from February 10, 2009 to March 20, 2009.
B. Defendant’s assertion 1: (a) concluded a lease agreement without the consent of the Defendant with a studio that the Plaintiff could send to the same, and (b) paid a down payment of KRW 4,000,000 to the Defendant, while paying the remainder to the Defendant.