1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. From June 13, 2012 to February 12, 2016, the Plaintiff remitted 154,370,000 won to the Defendant over forty-three occasions, and at least twenty million won was delivered to the Defendant, there is no dispute between the parties.

B. The Plaintiff paid a total of KRW 295,025,00,00,000, when cash delivered to the Defendant (i.e., remittance of KRW 154,370,000,000). Since this is a loan for which the maturity is not determined, the Defendant asserts that the Plaintiff is liable to pay the Plaintiff the amount of KRW 295,025,00,000 and the damages for delay from the day following the date on which the Plaintiff claimed the return by the delivery of the duplicate of the instant complaint.

C. First, we examine the authenticity of the evidence No. 2 (Pre-Contract for Performance) supporting the Plaintiff’s assertion.

Each of the items of evidence No. 9-1, evidence No. 13-1, and evidence No. 13-2, which the Defendant directly drafted, are the content that the Plaintiff’s unilateral assertion or the Plaintiff’s long-standing friendship was transferred from the Plaintiff, and thus, it is difficult to believe it as it is, and otherwise, it cannot be admitted as evidence without any other evidence to prove the establishment of the petition

Next, it is difficult to believe that some of the items of evidence Nos. 3, 9-1, 10, 13, and 14, and evidence Nos. 9-2 and 4, which correspond to the plaintiff's assertion, are also the contents that the plaintiff's unilateral assertion or transferred from the plaintiff, and therefore, it is not sufficient to recognize them only by the items of evidence Nos. 5, 7, 9-3, 5, and 12, which are written evidence Nos. 5, 9-1, 10, 13, and 14, which correspond to the plaintiff'

E. Rather, in light of the following facts, it is probable to view that the Plaintiff entered into a relationship with his/her female and raised funds needed by the Defendant without any conditions, as alleged by the Defendant, in light of the following facts: (a) the written evidence Nos. 1, 8, and 11; and (b) some written evidence Nos. 9 and 14; and (c) the purport of the entire pleadings.

1 The plaintiff has a de facto spouse for the above period.