대여금
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. Change of the appeal cost; and
1. The Plaintiff’s basic fact is the subject of C’s leakage, C’s marriage with the Defendant, and C is separate from the divorce around 2007, and the Plaintiff transferred KRW 4,180,000 to the Defendant’s account on February 10, 2015, to the Plaintiff’s father’s college enrollment fee to the Defendant’s account, is not in dispute between the parties, or is recognized by comprehensively taking account of the overall purport of the pleadings in writing A1.
2. The plaintiff's assertion and judgment
A. The Plaintiff asserts to the effect that, on February 10, 2015, the Plaintiff lent KRW 4,180,000 to the Defendant, and that the Defendant agreed to pay the amount on February 16, 2015.
First of all, in light of the health account who borrows money from the Plaintiff, and the Plaintiff alleged that “her husband and wife lend 2-3 days college registration fees to the Defendant’s account” from C upon request from C, and the Plaintiff wired money to the Defendant’s account (the preparatory documents dated May 27, 2015), the remaining evidence alone submitted by the Plaintiff is insufficient to recognize that the Plaintiff borrowed money from the Plaintiff as the Defendant, not C, and there is no other evidence to deem otherwise.
Next, according to the statements in the health section, Nos. 2 and 6 with respect to whether the Defendant agreed to pay the money, it is recognized that the Defendant sent the Plaintiff any message stating that “I do not have any money. It is a part of 25 days,” and “I would like to be a part of 25 days.” However, on the other hand, it is insufficient to recognize that the Defendant agreed to pay the money to the Plaintiff in return for the above reasons, in light of the fact that the Defendant sent a message to the effect that “I would like to cause any difference in the borrowed money (C)”, and there is no other evidence to acknowledge the Plaintiff’s assertion.
The plaintiff's assertion on this part is not accepted.
B. The Plaintiff, upon the Defendant’s request by the former husband C, remitted KRW 4,180,00 to the university registration fee of the Defendant’s father D’s father. This is due to the ordinary family affairs under Article 832 of the Civil Act.