2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The plaintiff asserts that he lent KRW 25 million to the defendant, and the defendant asserts that the above money was either donated to the defendant who was in a marital relationship with the defendant, or delivered for the purpose of having a sexual relationship with the defendant, and that it constitutes illegal consideration, and thus, the defendant does not have a duty to return it to the defendant.

B. According to the statement in Gap evidence No. 1, the plaintiff was found to have remitted KRW 25 million to the defendant on January 5, 2015, and the following circumstances, which can be seen as having been added to the whole purport of the pleadings in each statement in the evidence Nos. 2 through 3 as to the above recognition facts, i.e., ① the plaintiff sent money to the defendant on June 22, 2015, the plaintiff seems to have continuously demanded the return of money to the defendant after he/she delivered money on January 22, 2015; ② the defendant sent money to the plaintiff on June 23, 2015, upon receiving a demand for payment from the plaintiff, on June 23, 2015; ③ the plaintiff sent money to the defendant on two or three occasions, and it is reasonable to view that the plaintiff transferred money to the defendant on two or three occasions, and that there was no dispute between the parties, and that it is difficult for the plaintiff to temporarily deliver money to the defendant at the time when he/she lent money to the defendant.

Furthermore, there is no dispute between the parties as to whether the said money constitutes illegal consideration and the Defendant, who is an employee of a entertainment establishment, and the Defendant, who is an employee of a entertainment establishment, and the Plaintiff. However, solely on such circumstance, it is difficult to view that the Plaintiff’s delivery of money to the Defendant was for the purpose of maintaining the internal relationship, or that it was given under the condition of a sexual relationship, and otherwise, there is evidence to view that the said money was given on the premise of