A. On March 7, 2007, C entered into a contract with D, the Plaintiff’s husband, to purchase 165 million won (a contract amounting to KRW 17 million, the remainder of KRW 148 million, and the remainder of KRW 178 million) from B, Ulsan-gu, Ulsan-gu, Seoul, to purchase 61 square meters (hereinafter “the instant forest land”).

C around that time, the Plaintiff borrowed KRW 10 million from the Plaintiff and paid the down payment of KRW 17 million to E by neglecting KRW 7 million.

B. The plaintiff, on March 27, 2007, remitted the down payment amount of KRW 4 million to C on March 27, 2007, and KRW 3 million on March 29, 2007 to return the down payment actually borne by C because C did not prepare any balance, and D introduced the forest land of this case to the defendant and recommended to purchase the forest of this case.

Accordingly, on April 2, 2007, the Defendant entered into a contract with E to purchase the forest land of this case at KRW 165 million (the contract amount of KRW 17 million and the balance of KRW 148 million).

C. In relation to the payment of the down payment of the above sales contract, the Plaintiff exempted C from the above loan debt of KRW 10 million, following the payment of the down payment of KRW 7 million, thereby returning all the down payment paid by C. E is the down payment already paid in lieu of the down payment of the above sales contract. The Defendant agreed to treat the down payment of KRW 17 million from the Plaintiff as borrowing the down payment from the Plaintiff, the Defendant, C, and E.

On April 2, 2007, the Defendant borrowed KRW 41 million from the Plaintiff, and paid the remainder KRW 148 million to E on the same day, and received the registration of ownership transfer from E on the instant forest land.

[Recognition] Facts without dispute, each entry in Gap evidence 1 to 6 (including provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as the cause of the claim, the Defendant received reimbursement from the Plaintiff in the aggregate of KRW 58 million (= KRW 41 million), barring special circumstances.