1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. From February 2005 to April 12, 2007, the Plaintiff paid 500,000 won monthly installment savings (hereinafter “instant installment savings”) in the name of the Defendant, which was an external third village, from February 12, 2007. On April 12, 2007, the Plaintiff cancelled the instant installment savings and paid the amount of KRW 13.5 million to the Defendant (=50,000 won x 27 times).

B. The Plaintiff wired each of the Defendant, KRW 10 million, KRW 10 million on September 2, 2009, KRW 10 million on July 10, 2012, and KRW 5 million on February 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that: (a) on April 12, 2007, the Plaintiff loaned KRW 13.5 million to the Defendant; (b) on September 2, 2009, KRW 10 million; (c) KRW 10 million on July 10, 2012; and (d) KRW 38.5 million on February 16, 2015, including KRW 13.5 million (i.e., KRW 13., KRW 13.5 million); and (c) on February 16, 2015, the Defendant was obligated to pay KRW 3.5 million from the Defendant to the Plaintiff (i.e., KRW 3., KRW 38.5 million).

B. The Defendant asserted that the Defendant was able to live together with the Plaintiff, and paid the Plaintiff’s tuition fee, educational institute fee, etc. directly to the Plaintiff. Accordingly, the Plaintiff hired and paid the Defendant money as the living expenses.

Plaintiff

Of the claimed amounts, the remainder of the claimed amounts, excluding five million won as of February 16, 2015, was paid by the Plaintiff to the Defendant under the same living expenses. In the case of the above five million won, the Defendant borrowed money from the Plaintiff under the name of the registration fees, but the Plaintiff paid three million won out of the total amount to the Plaintiff.

3. Determination as to the cause of action

A. First, we examine the cancellation fee of the instant installment savings at KRW 13.5 million.

The following circumstances acknowledged by the purport of Gap evidence 1 through 4, Eul evidence 1, and Eul evidence 1 as a whole, namely, the plaintiff has been living together with the defendant who is the defendant who is the plaintiff, the plaintiff, from the early childhood to the outside, and since the plaintiff became an adult.