1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The purport of the Plaintiff’s assertion is that the Defendant’s spouse transferred KRW 5,00,00 to the Defendant’s account on August 25, 2014 upon receiving a request from the Defendant’s spouse C to “a lending money to repay the card value used for living expenses.” The Plaintiff asserts to the effect that: (a) the Defendant and C jointly borrowed money; or (b) C borrowed money on behalf of the Defendant with respect to daily home affairs; and (c) even if not, the Defendant, in collusion with C, by deceiving the Plaintiff to avoid compulsory execution; and (b) the Defendant and the Plaintiff are jointly and severally liable to pay KRW 5,00,000 to C and the Plaintiff.

2. The fact that the Plaintiff remitted KRW 5,000,000 to the Defendant’s account on August 25, 2014 does not dispute between the parties, but the Defendant jointly borrowed the said money from the Plaintiff with C.

There is no clear evidence to acknowledge that C borrowed money as the Defendant’s daily agent for the disbursement of living expenses, and only the fact that C received money several times from the Plaintiff is insufficient to recognize that the Defendant conspireds with C to induce the Plaintiff, and there is no other evidence to acknowledge the Plaintiff’s assertion.

Therefore, the plaintiff's above assertion is without merit.

3. As such, the plaintiff's claim of this case against the defendant is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.