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. Determination as to the cause of claim

A. The fact that the Plaintiff lent KRW 50,000 to the Defendant around January 2018, and KRW 100,000 around February 2018 is not a dispute between the parties, and the Defendant is liable to pay KRW 150,000 and delay damages.

In addition to the above-mentioned amounts, the Plaintiff asserts that the Defendant additionally lent KRW 1,900,000 on December 2, 2017, and KRW 1,900,000 on February 2, 2018, but there is no evidence to acknowledge this. Therefore, this part of the Plaintiff’s assertion is without merit.

B. On April 21, 2017, comprehensively taking account of the following: (a) the description of the shipment-related part of the lawsuit on April 21, 2017, Eul evidence Nos. 1, 2, and 4; and (b) the testimony and arguments of the witness of the first instance trial C and the witness of the first instance trial, the Defendant offered five percent (the Plaintiff, one of whom was four percent, as a security for transfer, with money borrowed from the Defendant) between the Plaintiff and the Plaintiff as well as five percent

3) The delegation agreement under which the Defendant intends to shipping the proceeds on behalf of the Defendant and return the proceeds to the Plaintiff (hereinafter “instant delegation agreement”).

A) The facts that the Defendant entered into a contract with C on April 21, 2017. The Defendant transported 5 maws on the Plaintiff’s farm to its own vehicle with the help of C, and the Defendant is found to have shipped 4 maws to D Company in KRW 27,756,437 as long as they were registered in its name with the said 5 maws provided as security for transfer among the said 5 maws. First, in relation to the part of 4 Maws disposed of according to the delegation contract of this case, the Plaintiff was a person who received 25,256,437 won from the Defendant out of the proceeds of the above disposal of 4 Maws. Thus, the Defendant is liable to pay the Plaintiff the remainder of 2,50,000 won (=27,756,437 won), 25,256,437 won, and delay damages therefrom.

Next, according to the health stand and the above facts of recognition as to the remaining one-mae portion, the defendant, despite having agreed to ship 5-marine under the delegation contract of this case, violated the agreement to ship 5-marine, and therefore, 4-marine is normal.