1. The plaintiff's claim is dismissed.

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

1. The allegations and judgment of the parties

A. 1) The Plaintiff asserts that on November 13, 2009, the fact that the Plaintiff remitted the amount of KRW 83 million to the Defendant is without dispute between the parties. 2) The Plaintiff asserts that the Plaintiff lent the amount to the Defendant without setting the due date.

The defendant asserts that C, his spouse, uses the debt incurred in the operation of online shopping mall for the purpose of paying off the debt, etc., and that it is the money that the plaintiff donated to the defendant who was the plaintiff.

B. Determination 1) Even though there is no dispute over the fact that the parties received money, if there is no dispute over the grounds for the receipt of money, the plaintiff who asserts that it was received as a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972) is liable to prove that it was received as a loan for consumption (see Supreme Court Decision 72Da221, Dec. 2, 1972). 2) The following circumstances acknowledged by the evidence submitted by the defendant, namely, the defendant was the plaintiff, and it seems that C/D, the plaintiff's child at the time of transfer, was actually involved in the operation of the tea shopping mall registered in the defendant's name, and around that time, the shopping mall was affected by the business accident, and the situation that the plaintiff urged the defendant to return the money after the transfer of the money in this case, is insufficient to recognize that it was a loan of this case only by the evidence submitted by the plaintiff, such as evidence No. 2

2. Conclusion, we cannot accept the Plaintiff’s claim for this reason.