1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On May 5, 191, the Plaintiff and the Defendant married to the Republic of Korea on the same day, and had a baby C (D) under the sleep, and reported a divorce on October 14, 2003.

B. The Plaintiff, from around 2003, administered Mecopon (Mecopon copon). On August 24, 2003, the Plaintiff was detained on the charge of administering Mecopon, and was detained from September 4, 2003 to September 26, 2003. On September 26, 2003, the Plaintiff was sentenced to a suspended sentence of two years (Copwon District Court Decision 2003Ma3548).

C. On October 11, 2004, the Plaintiff deposited KRW 20 million with the corporate bank account under the name of the Defendant, and KRW 7,583,00,000 in total with the national bank account under the name of the Defendant on November 4, 2004.

(hereinafter “instant payment”) D.

On April 2, 2005, the defendant remitted 10 million won to E from the national bank account under the name of the defendant to E.

[Ground of recognition] The absence of dispute, Gap evidence 1, Eul evidence 1 and 2, the Industrial Bank of Korea of the court of first instance, the result of each order to submit financial transaction information to the Korean National Bank of Korea of the court of first instance, the result of fact inquiry by the Minister of Justice of the court of first instance, the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. From 2003 to 2003, the Defendant told the Plaintiff, who was unable to have a mind by administering a phiphone, to the effect that “I would keep in custody the money of 10 million won because of the fraud of narcotics,” and the Plaintiff stored the amount of KRW 95.83 million to the Defendant. Accordingly, the Defendant demanded the return of KRW 85.83 million remaining after deducting the amount of KRW 10 million remitted to E by the Defendant.

B. The payment of this case was made by the Plaintiff to the Defendant as a donation for living expenses and child support.

In particular, 20 million won, among them, due to the Plaintiff's decrease and escape, the Defendant and C lived in the Defendant's mother-friendly F's house after the report of divorce as well as the period of marriage by the Defendant and C, and F brought up C.