2. The costs of lawsuit shall be borne by the Plaintiff.

From November 20, 2014 to December 16, 2016, the Plaintiff paid KRW 168 million to the Defendant. On September 12, 2016, the Defendant paid KRW 10 million to the Plaintiff.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s primary assertion 1) Plaintiff’s primary assertion was paid KRW 168 million to the Defendant only after the Plaintiff lent KRW 100 million to the Defendant. Therefore, the Defendant’s loan amounting to KRW 158 million to the Plaintiff (hereinafter “instant money”).

(2) If the Plaintiff and the Defendant’s conjunctive assertion are not recognized to have a lending relationship with respect to the instant money, the Defendant shall pay the said money to the Plaintiff inasmuch as the said conditions have been fulfilled. ② The Defendant is a donation of the Plaintiff as if he had the intention to marry with the Plaintiff even though he continued to marry with the Plaintiff or did not wish to marry with the Plaintiff. As the Plaintiff cancelled the said donation contract pursuant to Article 110(1) of the Civil Act, the Defendant shall pay the said money to the Plaintiff. (2) The Plaintiff, the remaining father of the Defendant’s assertion, maintains a relationship with the Defendant, and pays the said money to the Defendant for the purpose of boosting the Defendant’s refund. Therefore, the Plaintiff’s claim is without merit.

C. Even if there is no dispute between the parties to the judgment as to the fact that the amount is received, the cause of the receipt of the amount is diverse, such as a loan for consumption, a donation, a repayment, and a entrustment of the delivery of funds to a third party. Thus, one of the parties asserts that the receipt of the amount is a loan for consumption, and the other party asserts that it is a loan for consumption