1. The plaintiff's claim is dismissed.

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

1. The facts that the plaintiff remitted the basic facts to the head of Tong under the name of the defendant, KRW 20 million on May 3, 2006, and KRW 25 million on May 4, 2006, are either a dispute between the parties or acknowledged by the statement in Gap evidence 1.

2. Determination

A. The plaintiff's assertion 1) If the defendant and the non-party C, who is the defendant's spouse, lend 45 million won to the plaintiff for the purchase of a golf course part of the golf course located in Thaima in Thaima, the plaintiff would make an annual settlement and refund 5 million won interest at the end of each year, and the plaintiff lent 45 million won to the defendant, and the defendant is obligated to pay the plaintiff the above 45 million won and the damages for delay. 2) The defendant's assertion that the plaintiff is obligated to pay the plaintiff the above 45 million won and the damages for delay since the defendant did not pay the plaintiff the interest rate.

Accordingly, the plaintiff remitted 45 million won to the defendant as part of the initial payment, and the plaintiff does not pay it to the defendant for the purpose of lending.

B. Determination 1) The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff paid KRW 45 million to the Defendant as a loan, and there is no other evidence to acknowledge it otherwise. 2) Rather, the following circumstances acknowledged by the overall purport of the entries and arguments in the evidence Nos. 2 and 3, i.e., (i) C and the Plaintiff in a de facto marital relationship with the Defendant, namely, (ii) around November 3, 2006, constructed a restaurant building in the name of the D Co., Ltd. operated by C and started a restaurant business from November 3, 2006, and (ii) started a restaurant business in the name of the D Co., Ltd. operated by C.