A. The Plaintiff operated the business of selling a wooden house in Jeju-do, and the Defendant started to teach one another from the end of April 2016, as a introduction of a branch in Incheon, while operating a main store in Incheon.

B. The Plaintiff remitted total of KRW 38,000,000 to the Defendant on May 30, 2016, and KRW 5,000,000 on June 10, 2016, and KRW 30,000,000 on August 22, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including a provisional number; hereinafter the same shall apply), Eul evidence 3, and non-satisfy

2. The parties' assertion

A. The Plaintiff loaned KRW 38,000,000 to the Defendant as the household operation fund at the end of 2016.

However, even though the period of repayment has expired, the defendant is only the next day only, but does not pay the loan.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 38,000,000 and damages for delay.

B. From April 2016, Defendant started to come to Jeju-do, and the Plaintiff began to go to come to Jeju-do. On the one hand, Defendant was 3-day and 4-day coming to coming to the Plaintiff’s home each week, and, on the Plaintiff’s request continued to go to Jeju-do, her business as to the Plaintiff’s demand continued to go to go to Jeju-do, “a part of the loans remains, must operate his business,” and the Plaintiff transferred KRW 38,00,000 as above, while deeming that “the amount of money needed to go to Jeju-do,” and “the Plaintiff was her fluenched to go to Jeju-do.”

Ultimately, the plaintiff made a donation by knowing the defendant's situation and aiding it.

3. Determination as to whether the recipient of the money constitutes a loan for consumption should be made by comprehensively taking into account the developments leading up to the receipt of the money, the source, amount, and intention of return, etc.

In full view of the above facts and evidence Nos. 1, 2, 6, and 7, the following circumstances can be revealed in light of the overall purport of the pleadings.

① The Plaintiff and the Defendant are premised on marriage at the time when the said KRW 38 million was remitted.