1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant met around 201, but became a personal relationship from around that time.

The plaintiff has given the defendant the living expenses, the defendant's incidental money, the apartment repair expenses, the family travel expenses, and the precious metal gift.

B. On July 22, 2016, the Plaintiff paid KRW 50 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. On July 22, 2016, the Plaintiff asserted that the Plaintiff lent KRW 50 million to the Defendant for the repayment of apartment loan, and leased KRW 15 million in cash and KRW 5 million in vehicle purchase cost, KRW 18 million in vehicle purchase cost, KRW 21 million in order to pay credit card payment, and KRW 20 million in apartment repair cost.

Therefore, the defendant is obligated to pay the plaintiff the total amount of the above loans of KRW 129 million and damages for delay.

B. Determination 1) Even if there is no dispute between the parties that exchange money between the parties, while the plaintiff asserts the cause of receiving money as a loan for consumption, when the defendant asserts that it is a loan for consumption, the plaintiff bears the burden of proving that it is a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972). 2) In full view of the following circumstances, each of the above evidence, the statement in subparagraphs 1 through 3 is sufficient to recognize that the plaintiff lent a total of KRW 129 million to the defendant on July 22, 2016, by means of cash, vehicle purchase cost, credit card payment, apartment repair cost, etc., and there is no evidence to prove otherwise.

① No loan certificate has been drawn up between the Plaintiff and the Defendant.

The plaintiff delivered money, etc. to the defendant several times and did not set the maturity and interest.