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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
Reasons
1. Facts of recognition;
A. On October 21, 2003, the defendant prepared and delivered a cash custody certificate stating that the plaintiff shall keep the amount of KRW 50 million and the amount of KRW 50 million until December 30, 2003 shall be returned immediately upon request.
B. On October 22, 2003, the Plaintiff transferred KRW 50 million to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. As to the Plaintiff’s assertion that the Plaintiff claimed the Defendant for the payment of the loan amounting to KRW 50 million and delay damages therefor, the Defendant partially repaid the loan, and the remainder of the loan is asserted that, as the Plaintiff paid funds to be invested in the business of operating an entertainment room with the Defendant on behalf of the Defendant, or the Defendant decided to settle all obligations and obligations by transferring the above entertainment room to the Plaintiff, the loan against the Plaintiff does not remain.
B. Comprehensively taking account of the overall purport of Gap evidence Nos. 3 through 5 (including paper numbers), Eul evidence Nos. 1 through 5, witness E of the first instance trial, and witness G of the party trial, the defendant repaid 26,40,000 won in total by transferring the money to the plaintiff's account No. 11 at the plaintiff's account or the plaintiff's account at the plaintiff's request from March 2004 to July 2006 (the plaintiff asserted that the above money was paid as profits from the business of the defendant's entertainment room. However, there is no evidence related to the settlement of profits of the entertainment room, and as examined below, the plaintiff acquired shares from the defendant's own company from May 2006 to operate the entertainment room, and the defendant transferred the money to the plaintiff's account at the plaintiff's account or from around 11, 206 to July 2006.