1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 15, 2004, the plaintiff and the defendant were legally married couple who reported marriage, and have C (D) under the chain.

B. On March 22, 2013, while the Plaintiff was living separately with the Defendant, the Plaintiff filed an adjudication on confirmation of intention for divorce with the Gwangju Family Court, and filed an adjudication on confirmation of intention for divorce through consultation with the Gwangju Family Court on July 1, 2013.

C. On March 22, 2013, the Plaintiff and the Defendant designated the Plaintiff as a person with parental authority C through a consultation on designation of a person with parental authority on March 22, 2013, but changed the person with parental authority to the Defendant through mediation on December 8, 2015.

From December 7, 2012 to December 2015, the Plaintiff remitted the Defendant a total of KRW 45,080,000 to 47 times.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 2, Eul evidence 6 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion was made on December 7, 2012 to December 2, 2015 by transferring KRW 45,080,000 in total to the Defendant from December 7, 2012 to December 1, 2015, and thus, the Defendant is obligated to pay the said loan and the damages for delay to the Plaintiff.

B. The Plaintiff’s each statement of evidence Nos. 2 and 3-1 is insufficient to acknowledge the fact of lending to the Defendant, and there is no other evidence to acknowledge it.

Rather, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings as to the evidence No. 2 and No. 1 of No. 2, the Defendant did not receive consolation money and division of property at all at the time of divorce with the Plaintiff, and the Plaintiff lent money to the Defendant for a period of three years, which is the period of the Plaintiff’s assertion that the loan was made, but the time and frequency of payment and amount vary, but the money was relatively regularly transferred. If the money was transferred at a time, the amount of money was KRW 6,100,000 each, KRW 1,140,000 won, KRW 1,70,000 won, KRW 1,170, KRW 1,200, KRW 1,200, KRW 15,150,000 each, and KRW 1,505,000,000 won.