1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Judgment on the parties' arguments

A. The plaintiff is the cause of the claim in this case, and the plaintiff loaned KRW 30,000,00 to the defendant on November 1, 2010. Thus, the defendant asserts that the defendant is obligated to pay the above loan amount of KRW 30,000,000 to the plaintiff and damages for delay. Accordingly, the defendant asserts that the plaintiff is obligated to pay the above loan amount of KRW 30,000,000 to the defendant, and that the defendant does not bear the obligation to return it to the plaintiff.

B. Determination 1) Although there is no dispute over the fact that an exchange of money between the parties is a loan for consumption, the plaintiff claims the cause of the exchange of money as a loan for consumption, while the defendant asserts that it is a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972). Meanwhile, the plaintiff should not promptly conclude the cause of the exchange of money as a loan for consumption with two male and female parties having a relationship. Whether the cause of the exchange of money is a loan for consumption should be determined by taking into account the developments leading up to the exchange of money, the economic situation and the specific living conditions of the parties, the amount, and the intention of return. 2) On the basis of the above legal principles, the plaintiff paid 30,000,000 won to the defendant on August 2, 2010, and there is no dispute between the parties to the loan for consumption and the defendant on the ground that the plaintiff paid 30,000,000 won to the defendant on the last day of the year 200,000,00.