대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On February 7, 2012, the Plaintiff: (a) donated KRW 30 million to the Defendant, who is his/her father, on condition that the Defendant support the Plaintiff; (b) the Defendant did not fulfill the above conditions; (c) and (d) filed a claim for the return of the said money against the Defendant, in accordance with Article 56(1)2 of the Civil Act, by asserting that the said donation was rescinded.
However, there is no dispute between the parties that the Plaintiff donated KRW 30 million to the Defendant around February 7, 2012, but there is no evidence to acknowledge that the said donation was a non-paid donation on the condition that the Defendant support the Plaintiff.
Even as alleged by the Plaintiff, the Plaintiff may rescind the gift contract with the Defendant on the ground of rescission under Article 556(1)2 of the Civil Act due to the Defendant’s failure to support the Plaintiff.
However, according to Article 558 of the Civil Code, the rescission of the contract does not affect the already performed part, and thus, the defendant cannot be deemed to have the duty to return the above KRW 30 million already donated to the plaintiff.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.