The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. Basic facts

A. From December 2016, the Defendant, as the introduction of a branch, had the Plaintiff come to come to school with the Plaintiff.

Defendant was a spouse at that time, and C is an adult child between the Defendant and his/her spouse.

B. On July 23, 2018, the Plaintiff transferred KRW 20,000,00 to the account in the name of C in the name of marriage type C, a Defendant’s child.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion as to the cause of the claim is: (a) if the Defendant lent KRW 20,000,000 to the Plaintiff as the Defendant’s child in 2018, as the Defendant’s child was insufficient to enter into marriage, the Plaintiff would receive a marriage congratulatory money and offer a change until the end of November 2018.

on July 23, 2018, by transferring KRW 20,000 to the account under C’s name on July 23, 2018, and by transferring it to the Defendant.

The argument is asserted.

As to this, the Plaintiff and the Defendant maintained a de facto marital relationship from December 2, 2016 to October 2018. However, the Plaintiff voluntarily appropriated for the marriage expenses of C, the Defendant’s child, and transferred KRW 20,000,000 to C’s account in the name of C.

DaNN

2) Although there is no dispute over the fact that an exchange of money between the parties to the relevant legal doctrine does not exist, when the Plaintiff asserts that the cause of receiving money is a consumption loan, while the Defendant asserts that it is another purpose, the Plaintiff bears the responsibility to prove that the cause of receiving money is a consumption loan (see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). Meanwhile, there is a relationship between two persons exchanging money and giving and receiving money.

Therefore, it cannot be readily determined that the cause of receiving money is a gift immediately, and whether the cause is a consumer lending or lending should be determined by taking into account the developments leading up to exchanging the money, the source, amount, and the intention of return.

B) Specific determination scams, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 5, and 6; or