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1. Revocation of the part against the defendant ordering payment in excess of the following portions in the judgment of the first instance:
Reasons
1. Basic facts
A. On February 23, 2012, the Plaintiff entered into a liquor supply contract with the Defendant to supply alcoholic beverages, under which the said liquor supply contract remains in force for a period of 30 months, agreed to lend KRW 60 million to the Defendant and to receive payment in installments from the Defendant for a period of 30 months each month, and lent KRW 60 million to the Defendant on February 28, 2012.
B. The Defendant supplied alcoholic beverages equivalent to KRW 161,331,070 from the Plaintiff by May 19, 2014, but did not thereafter receive alcoholic beverages from the Plaintiff.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 2 and 4, the purport of the whole pleadings]
2. The assertion and judgment
A. The Plaintiff asserted that, from the Defendant until June 30, 2014, the Plaintiff did not receive reimbursement of KRW 19,934,018 out of the above loans of KRW 60 million and the total of KRW 5,934,018 out of the total of KRW 14 million and the total of KRW 5,934,018. The Defendant paid KRW 164,810,60 as the liquor amount until June 30, 2014, and the Defendant paid KRW 46,00 as the repayment of the above loans by May 19, 2015. The Plaintiff paid KRW 12,010,470 on February 16, 2015 after the instant lawsuit was brought, and thus, the Defendant’s obligation against the Plaintiff does not exist.
B. Comprehensively taking account of the overall purport of pleadings in each of the statements in Gap evidence Nos. 2 through 4, Eul evidence Nos. 1, 3, and 5, the defendant paid 164,810,600 won to the plaintiff by May 19, 2014 as the repayment of the above loan and the amount of liquor Nos. 164,810,600 won. From June 29, 2012 to December 4, 2012, the defendant received a total of KRW 4,312,00 from the plaintiff from June 29, 2012 to December 4, 2012. On February 16, 2015, the fact that the defendant paid KRW 12,010,470 with the repayment of the debt and the amount of loan No. 218,509,070 won (4,600,164,81,401,200 won).