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

The Defendant is obligated to repay the remainder to the Plaintiff KRW 38 million (= KRW 48.6 million - KRW 10.6 million).

Even if the defendant, not the defendant, borrowed the above money from the defendant's wife C, since C used the above money for daily home affairs such as child support, the defendant is jointly and severally obligated to repay C borrowed money pursuant to Article 832 of the Civil Code.

2. Determination

A. According to the evidence Nos. 1 and 2 of the judgment on the primary claim (including each number), it is recognized that the Plaintiff remitted the amount of KRW 14.8 million to the Defendant’s name account from June 10, 201 to February 21, 2014, KRW 33.86 million to C’s name, and KRW 48.6 million to the Defendant’s name.

However, in the event of seeking the return of a loan, the fact that the Plaintiff agreed to lend money in addition to the fact that the loan was paid should also be proved. It is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on lending money only by the evidence

The plaintiff's primary claim is rejected.

B. Although the facts that C used a large amount of money for the livelihood expenses and child support of D and E, a child, are not disputed by the Defendant, it is recognized that D, E, a child born between C and the Defendant, D, F, and E, a G student, had already been an adult on June 10, 201 when the Plaintiff commenced to lend money. The facts acknowledged earlier are alone, that C used the money borrowed from the Plaintiff for the livelihood expenses of D and E.

Even if it is difficult to view that the Plaintiff used the money in the daily home life between C and the Defendant, and there is no other evidence to acknowledge that the money lent by the Plaintiff was used in the daily home life, and it is believed that the Plaintiff has the power to represent the Defendant C.