1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a limited company C employee.

B. Both a limited liability company C and a limited liability company D (hereinafter the name of a limited liability company is omitted) have a place of business in Kimhae-si, and the Defendant requested D to operate a cafeteria (hereinafter “instant cafeteria”) from the said place of business, and operated the instant cafeteria from October 2016.

C. The Defendant registered a business operator under the name of ASEAN, and entered into an entrustment contract for the operation of the instant cafeteria with D (hereinafter “instant contract”), and the main contents pertaining to the instant case are as follows.

Article 2 (Duties of D and Defendant)

1.D entrusts the Defendant with all management affairs concerning the operation of the restaurant.

2. The defendant shall not transfer his business and entrusted business to a third party without the consent of D.

4. The defendant shall calculate the amount of KRW 35 gress per day for 35 gress per employee, 3,500 per month and settle the accounts after the end of each month.

Article 3 (Obligation to Calculation and Pay Revenue and Expenditure)

1. The defendant shall settle the 10th day of each month of receipt from D, and shall record and operate a detailed statement of expenditure to be disbursed each month (receipt attached), and shall submit a detailed statement of expenditure to D by no later than the fifth day of the following month.

2. Other revenues and expenditures, other than the current revenues and expenditures, shall be treated through mutual consultation.

On the other hand, on October 10, 2016, the Plaintiff transferred KRW 5,000,000 to the account in the name of Defendant Ah used by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant lent money to the Plaintiff on October 1, 2016, stating that the purchase price of the instant cafeteria was insufficient. The Defendant lent KRW 5 million to the Plaintiff on October 1, 2016.

Therefore, the defendant is obligated to pay to the plaintiff five million won and damages for delay or statutory interest thereon.

B. The defendant's assertion is that the plaintiff's son representative's son's son's son's son's son's son's son's son's son's.