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

A. On August 13, 2013, the Defendant: (a) borrowed KRW 25 million from the Plaintiff’s wife C in cash by setting the interest rate of KRW 5%; and (b) on November 1, 2013, the Defendant borrowed KRW 10 million from the Plaintiff’s wife as interest rate by setting the same method as in November 1, 2013.

On February 10, 2014, the Defendant prepared and issued a certificate of loan to the Plaintiff to repay the total amount of KRW 35 million to the Plaintiff by March 10, 2014, and did not repay the above loan. As such, the Plaintiff sought payment of the principal and interest on the loan stated in the claim against the Defendant.

B. The gist of the Defendant’s assertion was from June 2013 to the Plaintiff, but the Defendant borrowed KRW 4 million from the Plaintiff to the Plaintiff, but all repaid the loan amount of KRW 100 million from the Plaintiff, and repaid part of the principal and interest of the gambling loan on several occasions. On February 10, 2014, the Defendant prepared and issued a loan certificate verifying that the unpaid amount was KRW 35 million to the Plaintiff.

Since the money lent by the plaintiff to the defendant was paid property due to an illegal cause, the defendant cannot respond to the plaintiff's claim.

2. Determination

A. According to the purport of Gap evidence No. 1 and the entire pleadings, it is recognized that the defendant, on February 10, 2014, prepared and delivered a loan certificate stating that "in borrowing 35 million won on February 10, 2014, the interest rate shall be 3% per annum, and the repayment date shall be March 10, 2014, and the interest rate at the time when the repayment period expires and the payment period shall be 3% per annum." to the plaintiff on February 10, 2014.

B. However, in full view of the evidence No. 2, evidence No. 1-2, evidence No. 1-2, evidence No. 4-2, witness D’s testimony, and the overall purport of the pleadings, the following circumstances are also acknowledged.

1 With respect to the circumstances in which the Plaintiff lent money to the Defendant, the Plaintiff shall lend a restaurant operation fund to the Defendant without the husband's knowledge.

In this regard, it is argued that a loan of KRW 25 million on August 13, 2013 and KRW 10 million on November 1, 2013 was made in cash.