1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3.The ancillary.

1. On February 8, 2010, the Plaintiff drafted a certificate of borrowing that the Plaintiff paid 8 million won to the Defendant on December 31, 2010.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion that 8 million won is the nature of the parties. The Plaintiff claims the Defendant for the return of the loan amount of KRW 8 million and the damages for delay on the loan, in accordance with the loan certificate, according to the primary claim.

B) As to this, the Defendant asserts that the Defendant was employed by the Defendant as the captain of the fishing vessel C owned by the Plaintiff and received the aforementioned amount as a prepaid payment. 2) According to the written evidence Nos. 2 and the purport of testimony and pleading by witnesses D, it is reasonable to view that the Defendant was employed by the Plaintiff as the captain of the fishing vessel C in early 2010, where the said loan certificate was prepared, and that the Plaintiff was the owner of the fishing vessel C, and employed the Defendant as the captain of C by introducing D. The Defendant was on board the vessel from April 29, 2010 to December 10, 2010. In full view of the above facts, it is reasonable to deem that the Defendant received eight million won as the prepaid payment, under employment of the captain of the fishing vessel C owned by the Plaintiff.

B. (A) The Plaintiff received a total of KRW 28 million from the Defendant, in addition to the above KRW 8 million, from the Defendant (a) the Defendant received total of KRW 28 million.

The plaintiff and the plaintiff agree to receive 12% of the catch earnings as a salary, and the specific content is that if the plaintiff receives 2 million won based on the basic wage on the basis of departure from a port and calculates 12% of the sales amount of fish of that port, 2 million won or more shall be paid as a bonus, and if the amount is less than 2 million won, only two million won shall be paid.

According to the above agreement, the amount that the defendant received in excess is KRW 133,260.

B) If the Plaintiff (the Plaintiff’s preliminary claim amounting to KRW 8 million and the Plaintiff’s preliminary claim amounting to KRW 12% of the catch amount as wages, the total catch amounting to KRW 187,447,500, which was employed by the Defendant for the Plaintiff from April 29, 2010 to December 10, 2010, is 12%.