1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. The Defendant is a company engaged in the business of inviting members to join a trade union and event related to this event and the business of events, funeral services, and tourism good offices for its members. From October 5, 2005 to October 6, 201, the Plaintiff was in charge of travel-related duties while serving as Co., Ltd. F (stock company G: hereinafter “F”) and the Defendant’s members.

B. The Defendant, since 2009, remitted the travel expenses paid from the clients who applied for travel to the Plaintiff’s Bank C (hereinafter “Deposit”) account. The Plaintiff transferred most of the above travel expenses to the Plaintiff’s Bank D (hereinafter “Disbursement Account”) and then withdrawn and used the expenses incurred in the travel from the above disbursement account and remitted some of them to the Defendant under the name of the Defendant’s revenue.

C. Around September 2010, the Defendant filed a complaint with the Plaintiff on the criminal facts that “the Plaintiff personally appropriated money transferred to an expenditure account by cash withdrawal, etc.” but the Busan District Prosecutors’ Office rendered a disposition to the same district public prosecutor’s office on May 31, 2012 on the ground of lack of evidence, and the Plaintiff filed an application for a ruling with this court (201 early July 723, 2012) but was dismissed on February 14, 2013.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination as to a substitute payment claim

A. The Plaintiff’s assertion 1) from March 2009 to March 1, 2009, through the Defendant’s deposit account and expenditure account, the Plaintiff has been in charge of the Defendant’s travel business-related accounting by paying the Defendant the amount of the travel event expenses (the amount of the revenue after deducting the expenditure) to the Defendant or his customer.

However, the defendant provided a kind of target earning rate to the plaintiff by calculating the expected expenditure cost and anticipated revenue for each travel case. Accordingly, the plaintiff is the actual expense.