1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendants added the judgment under Paragraph 2 as to new arguments in the court of first instance, and thus, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. In view of the Defendant’s conjunctive assertion that the Plaintiff, among the instant money, lent KRW 35 million,00,000,000,000 paid as security deposit to the Defendant for the purpose of gathering a house to move together with the former husband, among the instant money, to the Defendant, it is invalid in violation of good customs and other social order to maintain an illegal internal relationship with the Defendant, and the said money cannot be claimed as illegal consideration.

B. It is insufficient to recognize the fact that the Plaintiff paid KRW 35 million to the Defendant solely for the purpose of maintaining internal relations, based on the written evidence No. 2, and there is no other evidence to acknowledge the Defendant’s assertion. If it is assumed that the Plaintiff and the Defendant were in an internal relationship at the time of lending KRW 35 million to the Defendant, it cannot be deemed that the Plaintiff’s lending of KRW 35 million was made for the purpose of “influencies” solely on the above grounds, in light of the background of borrowing funds, amount or purpose of use, and the party’s intent or attitude before and after delivery, etc.

The defendant's conjunctive assertion that the loan of KRW 35 million is null and void against good customs is without merit.

3. In conclusion, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.