The judgment of the first instance shall be revoked.

The Plaintiff (Counterclaim Defendant) paid KRW 3,388,411 to the Defendant (Counterclaim Plaintiff) and its interest on October 4, 2019.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On March 8, 2015, the Plaintiff lent the amount of KRW 10 million to the Defendant 3% of interest per month and the due date for payment after one year (hereinafter “instant loan”).

B. On the other hand, on August 10, 2015, the Defendant received the Plaintiff’s right to operate the instant dysium (hereinafter “instant dysium”) and operated the instant dysium for about 18 months from around that time to February 9, 2017.

C. From April 8, 2015 to June 10, 2017, the Defendant alleged that the Defendant paid KRW 42.6 million in total to the Plaintiff, as indicated in the column for calculation of appropriation of the principal and interest of the instant loan or the monthly income of the instant dan 300,000,000 in the account under the name of the Plaintiff as indicated in the attached Table for calculation of appropriation for performance, but it appears that the Defendant erroneously calculated the “five hundred,00,000 won” that the Defendant remitted to the Plaintiff on August 8, 2015 as “three,00,000 won.”

the transfer was made.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. On July 29, 2015, the Defendant borrowed KRW 4 million from the Plaintiff in addition to the Plaintiff’s receipt of the instant dan from the Plaintiff, thereby paying KRW 2 million each month.

Therefore, all the money paid by the Defendant to the Plaintiff was appropriated for the monthly income of the instant dan, the interest on the instant loan, and the Defendant’s additional loan amounting to KRW 4 million, and the principal of the instant loan was not repaid at all.

Therefore, the Defendant is obligated to pay the Plaintiff the principal of the instant loan amounting to KRW 10 million and damages for delay.

B. The amount that the Defendant agreed to pay to the Plaintiff every month in running the instant dan is not KRW 2 million, but KRW 1.5 million. The Plaintiff’s transfer of KRW 4 million to the Defendant on July 29, 2015 is not a loan title, but a entertainment bar in the instant case at the time.