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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's primary claim corresponding to the revoked part is revoked.
Reasons
1. The reasoning for this part of the basic facts is the same as the reasoning of the judgment of the first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. Judgment as to the main claim
A. On June 2014, the Plaintiff’s assertion 1), the Defendant, and C, separate from the Plaintiff’s royalty under the instant writing contract (as of March 22, 2014), agreed to lend KRW 100,000,000 to the Defendant and to use the loan for the Defendant’s repayment of the Defendant’s obligation to H. Therefore, the said KRW 100,000,000 is a separate loan that is irrelevant to the instant writing contract, and thus, the Defendant is obligated to pay the Plaintiff the said KRW 100,000,000 as well as the delayed payment for the said amount. (ii) The Defendant’s argument is not a loan, but a part of the amount for the writing contract concluded prior to the instant writing contract, and thus, the Defendant is not obligated to return the said money to the Plaintiff.
B. Determination 1) The following facts are acknowledged according to the following facts according to Gap evidence Nos. 2 through 4, Eul evidence Nos. 13 through 34 (including each number number), the results of fact-finding and the overall purport of the pleading against M Co., Ltd. (formerly amended, No. 1) of this Court, and the conclusion of the writing contract of June 20, 2012 and the progress of related cases ① The G Co., Ltd (F, N, and L Co., Ltd.; hereinafter "G") was established for the purpose of producing, purchasing, and selling domestic and foreign broadcasting programs, and its representative director is K as the Plaintiff’s representative director.
C Co., Ltd. (hereinafter referred to as “C”) is a company established for the purpose of drama and large-scale production, etc., and the defendant is the dumma author belonging to C.
② On June 20, 2012, G refers to the drum writing contract entered into with C on June 20, 2012 (hereinafter referred to as “drum writing contract entered into on June 20, 2012”).
1,000,000. The total amount of writing is 1,000.