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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 5, Eul evidence Nos. 1, 4, 6, 13, 14, and 19, and the testimony of the witness C at the trial.
The plaintiff is a client of the network D (hereinafter referred to as "the deceased") and a graduate of the Korea National University for Arts, and the defendant is a person who belongs to the plaintiff's school music and performance group "E" and performs a performance such as dancing.
B. From December 2015 to July 2016, the organization of E to which the Defendant belongs was preparing to participate in the F PPP that was scheduled to hold.
C. Around January 2016, the Plaintiff expressed to the Defendant that he/she would be present at F PP punishment, and transferred KRW 1,176,000 to the Defendant on January 12, 2016 at the expense of participating in the aforesaid PPP, such as accommodation.
The plaintiff and the defendant around that time decided to proceed with the commemorative performance of the deceased on June 2016, together with those who participated in the F PP punishment.
E. On April 3, 2016, the Defendant, including the Plaintiff, expressed to those who prepared the deceased’s commemorative performance together, that it is difficult to proceed with the deceased’s commemorative performance due to the preparation and cost of the F Pestp punishment, and the Plaintiff consented thereto, but it cannot be seen as any reason. However, the Defendant continued to proceed with the commemorative performance of the deceased.
F. On April 10, 2016, the Plaintiff expressed to the Defendant that it is difficult for the Defendant to attend the F PP punishment.
G. On April 19, 2016, the Defendant entered into a contract with the stock company to rent the theater “H” located in Seoul, from May 23, 2016 to May 29, 2016, and paid the rent of KRW 90,000 as the rent.
H. On May 28, 2016, the Plaintiff and the Defendant carried out a commemorative performance of Nons. D at H on May 28, 2016
2. Summary of the parties' arguments
A. The plaintiff lent a total of KRW 1.5 million to the defendant, and the reasons for the loan of KRW 1,176,00 among them are as follows.
In other words, the plaintiff on January 2016.