1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff married with C on September 14, 2007, and is the intention of imposition.

B. On April 2015, the Plaintiff became aware of the Defendant, who worked as an employee at an entertainment drinking club around 2015, and has continued with the Defendant since that time.

C. Due to the above relationship with the Plaintiff, the Defendant filed a lawsuit for damages from C, and on June 14, 2016, the Defendant rendered a judgment to pay C the amount of KRW 30 million and damages incurred therefrom due to the Plaintiff’s unlawful act (the Busan District Court’s Dong Branch 2016da20011), and is currently under trial at the appellate court due to the Defendant’s appeal.

The Plaintiff remitted the total amount of KRW 32.2 million to the Defendant as shown in the attached sheet.

[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1, 2, and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that the amount remitted to the defendant is a loan lent to the defendant for the purpose of living expenses, etc., and the defendant asserts that it was donated to the defendant.

The grounds for the plaintiff's assertion as loans are as follows.

1) The Defendant first agreed with the Plaintiff, and the Plaintiff did not pay money to the Defendant. 2) The Plaintiff did not have sufficient time to pay money to the Defendant for a short period solely on the ground that the Plaintiff is only good.

3. On November 28, 2015, the Defendant provided that the Plaintiff would pay the Plaintiff a total of KRW 2 million, which he/she remitted to November 2015. However, if the Defendant received a donation from the Plaintiff, there is no reason to pay the Plaintiff a full payment.

B. In full view of the following facts and circumstances, it is reasonable to view that the money remitted by the Plaintiff to the Defendant is a loan solely based on the circumstances asserted by the Plaintiff, and rather, the Plaintiff donated the said money to the Defendant.