1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The following facts may be acknowledged in full view of the entries in Gap evidence 1 to 6 (including paper numbers) and the whole purport of the arguments as a result of the examination conducted by the defendant himself, unless there is a dispute between the parties, or in full view of the following facts:

The defendant is a person operating franchise business in the trade name of "C", B is a franchisee who actually operated the above "C"'s photographing store (Seoul Dongdaemun-gu D), street store (Seoul Gangdong-gu F 119), and Oradong store (Seoul Songpa-gu H2 floor) by lending the name of "C".

B. On the condition that the Plaintiff supplied alcoholic beverages to the said three member stores operated by B for three years, the Plaintiff leased KRW 60 million in total to B from August 11, 2010 to September 7, 2010, respectively.

At the time, B agreed to pay the penalty equivalent to 10% of the above loan if the conditions of the supply of alcoholic beverages for the above three-year period are reached between the Plaintiff and the Plaintiff.

C. B, while performing alcoholic beverage transactions with the Plaintiff, failed to pay the above loans and alcoholic beverage supply price properly. On June 15, 2011, B agreed between the Plaintiff and the Plaintiff to receive loans from other alcoholic beverage wholesalers and to deposit the total amount of KRW 57,461,800 in preference to the Plaintiff. At the time, the Defendant signed a joint signature with B on the payment note (Evidence 6) stating that he will be liable by promising to deposit the loans from other alcoholic beverage wholesalers with the first priority.

B closed down on October 30, 2010, the route point on September 6, 201 without complying with the conditions of monopoly supply of alcoholic beverages for three years with the Plaintiff, respectively, on July 5, 201.

The debt owed to the Plaintiff by B around that time is KRW 59,214,90,00 in total, including the unpaid amount of KRW 51 million, the agreed penalty of KRW 6 million, the balance of supplied alcoholic beverages, and KRW 2,214,90 in total.

2. The Plaintiff’s judgment on the cause of the instant claim is as follows: (a) the Defendant’s payment angle on June 15, 201.