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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff, while promoting a sound device supply contract with the Switzerland music record distribution company C, established a mutual company with the Defendant as well as D. The Plaintiff agreed with the above C, and the Defendant was in charge of the design of the product to be supplied to the above C.
B. On December 20, 2005, the Plaintiff transferred KRW 17,500,000 to the Defendant’s bank account, KRW 5,000,000 on January 20, 2006, and KRW 10,000 on February 24, 2006, respectively.
C. On December 20, 2005, the Defendant added 17,500,000 won from the Plaintiff and 27,011,050 won of the moving expenses paid from the Plaintiff on the same day to E, and transferred KRW 34,00,000 among them to E as deposit for lease, and additionally transferred KRW 10,00,500 on January 20, 2006, and KRW 5,300,500 on January 23, 2006 to E as deposit for lease.
[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 6, Eul evidence 6, F's testimony of the witness at the trial, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, on December 20, 2005, the Plaintiff lent KRW 15,000,000 to the Defendant as a deposit for lease on December 20, 2005, and thus, the Defendant is obligated to pay KRW 15,00,000 to the Plaintiff.
B. In addition, the plaintiff asserts that he additionally lent KRW 5,00,000,000 on January 20, 2006 and KRW 10,000 on February 24, 2006 to the defendant as a deposit for lease on a deposit basis.
The fact that the plaintiff remitted 5,00,000 won to the defendant's bank account on January 20, 2006 and 10,000,000 won on February 24, 2006 is as seen above.
However, the following circumstances, which are acknowledged by the evidence and the purport of the entire pleadings, are as follows: ① at the time when the Defendant paid KRW 10,000,500 on January 20, 2006, the Defendant’s bank account amounted to KRW 10,300,000, and the above amount was transferred to KRW 5,000,000 after the said deposit was transferred to the Plaintiff; ② the Plaintiff transferred KRW 10,000,000 on February 24, 2006, the Defendant already paid the entire deposit.