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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in light of the overall purport of the pleadings as to evidence Nos. 1 and 3-1 and 2 of the basic facts, and there is no counter-proof.
The defendant is the birth of the plaintiff's wife C, and the plaintiff and C are in divorce litigation.
B. On June 3, 2013, the Defendant filed a claim against the Plaintiff for a loan of 20 million won with the Suwon District Court Branch Decision 2013Ga30435.
C. Accordingly, on July 4, 2013, the said court rendered a decision of performance recommendation to the Plaintiff stating that “the Plaintiff shall pay to the Defendant 20 million won and the amount calculated at the rate of 20% per annum from the day following the day on which a copy of the complaint was served to the day of complete payment.” The said decision was received by C, and the said decision of performance recommendation (hereinafter “the instant decision of performance recommendation”) became final and conclusive as the Plaintiff did not raise any objection.
2. The gist of the Plaintiff’s cause of claim is the cause of the instant claim. ① The Plaintiff did not borrow KRW 20 million from the Defendant, and on April 5, 2010, KRW 20,000,000 (hereinafter “instant loan”) that the Defendant lent to the Plaintiff on April 1, 2010, was returned to the Defendant on April 1, 2010, and thus, compulsory execution based on the instant decision of performance recommendation should not be permitted. ② Even if the Plaintiff borrowed the said money from the Defendant, the Plaintiff borrowed the said money.
Even if C, on September 12, 2012, remitted 30 million won to D, the Defendant’s mother, as the Plaintiff’s money, and 76 million won on September 24, 2012, and remitted 1.6 million won in total, to D in loan litigation No. 2013Gau48931, the Suwon District Court, Inc., brought against D, claiming that D lent the instant loan, and that D was paid as the repayment of D including the instant loan, and that the said 16 million won was recognized as having been paid as the repayment of D, and therefore, the instant loan was repaid. Accordingly, the instant loan was accordingly.