1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a mother of C who has maintained a de facto marital relationship with D for more than ten years.

The defendant is the representative director of E Co., Ltd. (hereinafter referred to as “E”), a bus stop advertising company, and married with C around 2016.

B. From August 1, 2016 to August 14, 2018, the Plaintiff wired KRW 556,50,000 in total to the Defendant’s account from the Plaintiff’s account or from the Plaintiff’s seat to the Defendant’s account.

C. On October 20, 2016, the Defendant drafted and issued to the Plaintiff a loan certificate stating that “the Defendant borrowed KRW 139,000,000 from the Plaintiff to October 11, 2016, and the Defendant would repay this by April 30, 2017” (hereinafter “the instant loan certificate”).

On July 3, 2017, the Plaintiff received the decision of provisional seizure of E shares owned by the Defendant on July 3, 2017 (Seoul District Court 2017Kadan3011).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 3 through 11, and purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion, upon the Defendant’s request for investment, wired 56,50,000 won to the Defendant’s account from the Plaintiff and the Plaintiff’s Branch to the Defendant’s account. Of these, the Plaintiff received the instant loan certificate from the Defendant as to the principal and interest of the loan from October 20, 2016. The Defendant is obligated to pay the Plaintiff the remainder of 471,50,000 won, excluding the said loan amounting to KRW 85,50,000,000, and interest thereon.

B. Considering the following circumstances that can be comprehensively seen by comprehensively taking account of the respective entries and the overall purport of the pleadings in the evidence Nos. 5, 6, 9 through 13, and 15 through 17 (including the number of branch numbers), it is insufficient to recognize that KRW 56,500,000, which was transferred from the Plaintiff’s account to the Defendant’s account from the Plaintiff and the Plaintiff’s Branch, was a loan to the Defendant’s account, and that is otherwise recognized.