1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) ordering payment shall be revoked.

1. Presumed factual basis / [Evidence] from Gap 1 to Gap 16 and the purport of the whole pleadings

A. The Plaintiff and the co-defendant C (hereinafter “C”) of the first instance court, his wife, lent a total of KRW 17 million on June 15, 2004 and KRW 5 million on November 27, 2004 to the Defendant and his wife, respectively.

B. The Plaintiff loaned the Defendant KRW 2 million on June 28, 2005, KRW 3 million on August 1, 2005, KRW 3 million on August 7, 2005, KRW 2 million on August 31, 2005, KRW 2 million on November 22, 2005, KRW 15 million on November 29, 2005, KRW 5 million on January 5, 2006, KRW 385 million on January 22, 2006, KRW 4 million on April 10, 2006, KRW 6 million on June 1, 2006, KRW 8 million on June 28, 2006, KRW 5 million on August 5, 2008, KRW 5 million on June 26, 2006, KRW 5 million on June 8, 2008.

2. Issues of the instant case

A. Whether the Plaintiff’s lending of money constitutes illegal consideration

(b) Amount of loan bonds;

C. Whether the defendant was satisfied and the claim for restitution of unjust enrichment and set-off

D. Appropriateness of the claim for the agreed amount

3. The judgment of this Court

A. The plaintiff's lending of money constitutes illegal consideration [the defendant's assertion] The defendant asserts that the plaintiff's lending of money to the defendant with money to the defendant's gambling constitutes illegal consideration and thus it cannot be claimed as return of money.

[Judgment] The evidence (B) submitted by the Defendant alone is insufficient to recognize that the Plaintiff lent money to the Defendant with the Defendant’s money to use for the Defendant’s gambling, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

B. The amount of loan claims (the plaintiff's assertion) was KRW 12 million on June 15, 2004, KRW 5 million on November 27, 2004, KRW 28 million on June 28, 2005, KRW 3 million on August 1, 2005, KRW 3 million on August 7, 2005, KRW 2 million on August 2005, KRW 2 million on August 22, 2005, KRW 2 million on November 22, 2005, KRW 8 million on November 29, 2005, KRW 8 million on November 5, 2005, KRW 6 million on November 5, 2006, KRW 6 million on June 6, 2005, KRW 8 million on the loan, KRW 6 million on November 5, 2005, KRW 6 million on May 5, 2006, KRW 4 million on the loan.