1. Revocation of a judgment of the first instance;

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, in the trade name of Gangseo-gu Seoul Metropolitan Government, operated the Scam Market and closed down as of March 22, 2013. From June 4, 2013 to June 4, 2013, the Plaintiff is operating the Gcamt Market in Gangdong-gu Seoul Metropolitan Government E.

B. Around October 2012, the Defendant had the Plaintiff find employment in DNA, and received 3.5 million won as the prepaid payment from the Plaintiff on the 10th of the same month.

C. On November 12, 2012, the Defendant: (a) borrowed KRW 10 million to the Plaintiff; and (b) drafted a loan certificate stating that the due date shall be March 30, 2013; and (c) deducted KRW 2 million from each 10th day of each month.

On the other hand, the defendant resigned from the business closure of the DNA, around February 2013.

On April 20, 2013, the Plaintiff transferred KRW 5 million to the Defendant and G respectively, and transferred KRW 1 million to the Defendant on May 29, 2013.

E. The Defendant began to work in the Maart on May 2013, when he was prepared to open the Fmaart, but resigned from Fmaart on August 20, 2013, and was not paid monthly wages from the Plaintiff on August 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion: (a) the Plaintiff paid KRW 3.5 million to the Defendant on October 10, 2012; (b) the Plaintiff received the return from the Defendant or did not offset the last monthly wage; and (c) the Defendant requested the Plaintiff to lend KRW 10 million on November 12, 2012, and requested the Plaintiff to lend the loan again on April 20, 2013; (c) the Defendant, on May 29, 2013, requested the Plaintiff to pay the loan amount of KRW 10,50,000 ( KRW 3.5 million + KRW 100,000) and delayed payment to the Plaintiff on the same day; and thus, (d) the Defendant had the obligation to pay the Plaintiff the loan amount of KRW 14.5 million ( KRW 3.5 million + KRW 1 million) and delay damages.

(b) judgment;