대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff remitted KRW 70 million to the account held in the Defendant’s name on February 8, 2010 does not conflict between the parties, or may be recognized by the statement in the evidence No. 1.
2. The plaintiff asserted that the above KRW 70 million was given to the defendant on March 31, 2010 and the interest rate of KRW 5% per annum. However, the defendant asserted that the plaintiff was given a donation of KRW 30 million under the pretext of child support, etc. for the children of the network D who the defendant and the defendant's wife C brought up, among the money that the plaintiff disposed of the inherited property, at KRW 40 million equivalent to the defendant's wife's share of KRW 30 million.
3. Determination
A. The evidence presented by the Plaintiff alone is insufficient to acknowledge the fact of lending the Plaintiff’s assertion, and there is no other evidence to acknowledge it.
B. Rather, according to the entries in Eul evidence Nos. 1 through 3, part of Gap evidence Nos. 2-1 and 2, witness Eul's testimony and witness E's testimony, ① The deceased F (hereinafter "the deceased") died on May 2, 1992 after having left C, non-party G, E, and D, the Defendant's wife as the heir, and died on May 2, 199. As inherited property, there were 2,251 square meters prior to H, Nam-gun, Nam-gun (hereinafter "the land in this case"). ② D was the heir around October 28, 2003, after having been registered as the heir, Non-party 1 and his children, Non-party J. 2, who is the wife and his children, and Non-party 2, who died with K, and ③ The inheritance registration of the land in this case was not made on March 25, 2005, each of the deceased's shares transferred to the heir of the deceased (the heir of the deceased of the deceased of the deceased of the deceased of the 233.