1. The Plaintiff (Counterclaim Defendant) paid KRW 10,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 11, 2018 to July 18, 2018.

1. Determination as to the main claim

A. The Plaintiff’s assertion is liable to pay to the Defendant the amount of KRW 114,762,430 from May 22, 2013 to April 4, 2017, and the amount of KRW 70,70,00,00 among which the Plaintiff loaned KRW 114,762,430 ( KRW 114,762,430-70,700) and delay damages therefrom.

B. Although the Defendant did not dispute the Plaintiff’s assertion that the amount transferred to the Defendant was a loan, it did not assert that it was either a personal relationship or a remittance as a donation to the Defendant.

The plaintiff remitted KRW 114,762,430 to the defendant from May 22, 2013 to April 4, 2017. The fact that the defendant remitted KRW 70,700,000 to the plaintiff during the above period is no dispute between the parties.

However, even if the plaintiff's assertion that the amount of money was leased is recognized, if the defendant asserts that the cause of the payment of money would be based on the loan for consumption (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015), the plaintiff must prove that the cause of the payment of money would be based on the loan for consumption (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015); and the following circumstances acknowledged by considering the whole purport of the pleadings, namely, ① the plaintiff and the defendant made a school system from the beginning of 2013 to April 2017; the time when the plaintiff transferred the above money to the defendant; ② the plaintiff transferred the money to the defendant over a total of 65 times per five years; ③ the defendant immediately repaid the money to the defendant; ③ the plaintiff's notice to the plaintiff; and ④ the defendant sent a separate text message to the defendant after the conclusion of the lawsuit.