1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserts that the Defendant should pay the said money to the Plaintiff, since the Plaintiff lent the sum of KRW 35.8 million to the Defendant from March 21, 2016 to March 28, 2016.

In regard to this, the Defendant asserts that the amount of money borrowed from the Plaintiff is KRW 15 million, and that it constitutes illegal consideration since the Plaintiff lent it to the Defendant as gambling money.

2. Although the Defendant is a person who borrowed KRW 15 million from the Plaintiff as gambling money, it is insufficient to recognize the fact that the Plaintiff lent KRW 35.8 million to the Defendant only on the basis of evidence Nos. 1 and 3 (including paper numbers).

Even if the Plaintiff’s assertion is recognized, in light of the following circumstances, the Plaintiff appears to have lent gambling money to the Defendant at the gambling place that he/she operates, which constitutes illegal consideration under Article 746 of the Civil Act, and thus, cannot be claimed for return thereof, inasmuch as it constitutes illegal consideration under Article 746 of the Civil Act.

① On March 20, 2016, the Plaintiff stated that he/she lent KRW 15 million to the Defendant with money for gambling at a gambling place under investigation under suspicion of the establishment of a gambling place.

② On November 21, 2016, the Plaintiff conspired to establish a gambling place with C and C to act as a so-called “warehouse,” which exercises overall control over the operation of the gambling place, and the Plaintiff was so-called “all-called,” which lends money to the participants in the gambling.

원고와 C은 2016. 3. 19. 저녁 무렵부터 다음 날 저녁 무렵까지 울산 남구 D에 있는 ‘E’ 사무실에서, 도박참가자 F 등 약 10여 명으로 하여금 5만 원 상당부터 300만 원 상당까지 돈을 걸고 ‘도리짓고땡’이라는 도박을 수 회에 걸쳐 하고, ‘데라’ 등 명목으로 액수 불상의 금원을 취득함으로써 영리의 목적으로 도박하는 장소를...