1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 13,000,000 and with respect thereto on November 2014.

1. Basic facts

A. The Plaintiff and the Defendant begin with the delivery system around February 2014 and begin with the same year.

6. 22. Along with a continuous dispute, there was a separate marriage from July 3 of the same year.

B. On March 26, 2014, the Plaintiff transferred total of KRW 13 million to the Busan Bank account under the Defendant’s name, and KRW 3 million to the Defendant’s Busan Bank account under the Defendant’s name, and the same year.

5.6. and the same year;

6. 21. Each of the above accounts in the Defendant’s name was remitted to KRW 300,000.

C. The defendant from March 20, 2014 to the same year

5. Until 15.15. The credit card was used in the Plaintiff’s name, and its total amount exceeded KRW 4,232,520, and the Plaintiff paid the credit card amount in total.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. The plaintiff's assertion

A. The primary argument is that the Plaintiff lent the total amount of KRW 17,832,520 to the Defendant (i.e., KRW 4,232,520,000,000 in credit card transaction amount of KRW 13,60,000,000,000,000,000) to the Defendant without the due date. As such, the Defendant is obligated to return the above loans

B. Although the conjunctive assertionable family affairs and the instant money are not loans, the instant money can be deemed to have been donated to the Defendant on the condition that the Plaintiff would cancel the failure to marry. However, as long as the conditions for rescission have been fulfilled due to the failure of de facto marriage between the parties, the Defendant shall return the said money to the Plaintiff as unjust enrichment.

3. Judgment as to the main claim

A. The following circumstances revealed as a whole, prior to the transfer of KRW 13 million from March 26, 2014, which were the evidence of the court below, i.e., the Plaintiff first met or became aware of the Defendant through the introduction of D around February 2014. The time when the Plaintiff transferred the total amount of KRW 13 million to the Defendant and the Defendant’s personal account in the name of the Defendant and the Defendant, which was around March 26, 2014.