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. The assertion;

A. On May 15, 2012, the Plaintiff, the representative director of the Plaintiff’s assertion (1) C Co., Ltd. (hereinafter “C”), asked the Defendant, who was a spouse of the Plaintiff, to withdraw and keep the money in his/her personal name deposit account.

(2) On May 16, 2012, the Defendant transferred KRW 49,480,000 (hereinafter “the instant money”) from the Plaintiff’s deposit account to the Defendant’s deposit account, but did not comply with the Plaintiff’s request for return.

Therefore, the defendant is obligated to return the money of this case entrusted with custody to the plaintiff.

B. The defendant's assertion (1) is not that the plaintiff entrusted the defendant with custody, but that the plaintiff paid the defendant the money under the pretext of withdrawal equipment, monthly salary, and living expenses.

(2) In addition, on April 3, 2013, the Plaintiff transferred the instant claim for the return of the instant money to E, while E filed a lawsuit against the Defendant for the said claim for the transfer money, lost it, and was concluded by mutual agreement thereafter.

2. Determination

A. The fact that the Defendant transferred the instant money to the Defendant’s deposit account from the Plaintiff’s deposit account on May 16, 2012 is not in dispute between the parties. As alleged by the Plaintiff, it is insufficient to recognize the fact by only the descriptions of health classes, Gap’s 3 through 6, as to whether the Defendant received the instant money upon the Plaintiff’s entrustment of custody, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion based on this premise is without merit.

B. In addition, according to the statements in Gap evidence Nos. 8 and Eul evidence Nos. 1 through 4, the plaintiff transferred the claim for return of the instant money to the defendant to Eul on April 3, 2013, and notified the defendant of the assignment of claims on or around April 12, 2013, and Eul requested transfer of claims against the defendant et al. to the defendant et al. as Suwon District Court Sung-nam Branch 2013Gahap5257, but it is recognized that the transfer of claims against the defendant et al. exist on May 20, 2014.