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

1. Facts of recognition;

A. The Plaintiff is a person who cultivates and sells fish in the trade name of “D”.

The defendant is a person who sells feed in a fish farm, etc.

B. The Plaintiff and the Defendant made several monetary transactions from March 13, 2015 to October 22, 2015, including lending of money. The settlement of accounts was completed regarding monetary transactions until October 22, 2015.

C. On March 31, 2016, the Plaintiff remitted KRW 200 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 and Eul evidence 3-2, the whole purport of the pleading

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant borrowed KRW 200 million from the Plaintiff on March 31, 2016, and did not repay KRW 116,180,00 among them, and thus, the Plaintiff is liable to pay the said money and the damages for delay.

B. The Defendant’s assertion that the Plaintiff remitted KRW 58 million to the Defendant on March 31, 2016 is a repayment amount for the amount borrowed from the Defendant, and thus, the amount is KRW 142 million.

The Defendant repaid the Plaintiff KRW 70 million to the Plaintiff, and paid the amount of KRW 1.2 million to KRW 2,814,00,00 in lieu of KRW 80,00,00 in lieu of KRW 66,986,00,00.

3. Determination

A. According to the Plaintiff’s loan amount of March 31, 2016: (a) KRW 162 million; (b) KRW 20 million; and (c) KRW 3-1,00,000,000,000,000 to H immediately, according to the overall purport of the Plaintiff’s statement and pleading, the Defendant remitted the amount of KRW 58 million to the Plaintiff between October 23, 2015 and March 30, 2016; and (d) KRW 20 million out of the said amount to H’s deposit account due to the Defendant’s lack of knowledge of the Plaintiff’s deposit account; and (e) the Plaintiff immediately remitted the amount of KRW 20 million to H.

On the other hand, the Plaintiff did not dispute the Defendant’s assertion that “part of KRW 200 million transferred by the Plaintiff on March 31, 2016 is the amount repaid to the money borrowed from the Defendant prior to that time.”

Considering these circumstances, the Plaintiff is 38 million won from the Defendant during the period from October 23, 2015 to March 30, 2016.