1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Judgment as to the main claim

A. On November 7, 2005, the Plaintiff prepared a letter of performance for repayment on November 7, 2005, and paid a repayment of KRW 4.3 million from November 15, 2005 to June 8, 2007 (hereinafter “instant payment”).

However, according to the purport of the Plaintiff’s payment, the Defendant embezzled the instant payment by using it as a monetary reward without using it in repayment of the obligation.

Therefore, the defendant is liable to pay the plaintiff the above 4.3 million won and damages for delay that the defendant embezzled as compensation for damages.

B. In light of the judgment, barring any special circumstance, the creditor cannot be deemed to have a duty to keep the money received from the debtor as repayment for the debtor, and even if the creditor wants to repay the money without deducting the payment, it is sufficient to prove that the debtor partially performed his obligation. Thus, even if the defendant seeks the payment of the loan by means of a lawsuit without deducting the payment of this case from the plaintiff as the plaintiff's assertion, it cannot be deemed that the defendant embezzled the payment of this case, and there is no other evidence to prove that the defendant embezzled the payment of this case. Thus, the plaintiff's above assertion is not accepted without examining any further.

2. Judgment on the conjunctive claim

A. The gist of the Plaintiff’s assertion is that the Defendant’s statement of performance of repayment written with the Defendant on November 7, 2005 was written by deceiving the Plaintiff, and thus, the repayment contract between the Plaintiff and the Defendant based on the above repayment statement (hereinafter “instant repayment contract”) should be revoked by fraud.

Therefore, the Plaintiff seeks confirmation of invalidity of the repayment agreement of this case and the return of the payment of this case that the Defendant received under the repayment agreement of this case.

(b).