1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning of this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with the main sentence

(However, the plaintiff's assertion on December 28, 2010 that the plaintiff remitted to the defendant on December 28, 2010 (hereinafter "the money of this case") 61 million won, and C "the deceased" hereinafter) 2.

A. The Plaintiff’s assertion that the Defendant remitted monthly interest until April 2015, and the Plaintiff did not have any property other than the real estate located in his/her residence, and did not have any income as an old age. In full view of the fact that the instant money was created due to the Plaintiff’s loan and thus it is difficult to view it as a donation, the instant money was either borrowed by the Defendant or borrowed by the deceased for the daily purpose of preparing a deposit for the lease of a new family. Accordingly, the Defendant is obligated to pay the amount.

Even if the money of this case was donated by the Plaintiff, it shall be deemed to have been cancelled due to the filing of the lawsuit of this case, which is not in writing, and thus, the Defendant shall return it to its original state.

B. The Defendant’s assertion amount is the money that the Plaintiff donated to the deceased or the Defendant to prepare a new marriage between the deceased’s husband and wife, who is the Plaintiff.

Even if the instant money is a loan, the borrower is the deceased, not the defendant, and the defendant is not obligated to pay the money exceeding KRW 36.6 million, which is equivalent to the share of inheritance.

In addition, if the defendant's debt is recognized, the defendant's parent K orO's claim for restitution due to the cancellation of the donation contract made by the deceased with the marriage fund shall be offset by the plaintiff's claim amounting to KRW 20 million.

3. Determination

A. In light of the following circumstances, it is difficult to recognize that the Plaintiff lent the instant money to the Defendant or the Deceased solely on the ground that the Plaintiff asserted, and there is evidence to acknowledge otherwise.