1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The fact that the Defendant agreed on June 20, 2008 to pay the loan amount of KRW 7 million to the Plaintiff up to December 30, 2008 (hereinafter “instant agreement”) is either a dispute between the parties or can be recognized by the statement of Gap evidence No. 1. Thus, the Defendant is liable to pay the Plaintiff KRW 7 million, barring any special circumstance.

2. The defendant's defense against the defendant alleged that the plaintiff's claim constitutes illegal consideration and thus, the plaintiff cannot seek reimbursement. Thus, in full view of the whole purport of the pleadings in the written evidence Nos. 3 and Nos. 1 through 4, the plaintiff repeated lending and repayment of money to the defendant from around 2007 to several times with the knowledge that the defendant was used for gambling, and received a certificate of borrowing KRW No. 1 and No. 7 million from the defendant by settling the loan that was not paid until June 20, 2008 at KRW 7 million from June 2008, it is recognized that the plaintiff's claim against the defendant against the defendant constitutes illegal consideration and the plaintiff cannot seek reimbursement pursuant to the main sentence of Article 746 of the Civil Act because the plaintiff's claim against the defendant against the defendant constitutes illegal consideration.

(See Supreme Court Decision 4294Da1296 delivered on April 4, 1962). Then, the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.