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 an insurance solicitor, the defendant operates the beauty room, and C is the defendant's husband.

The difference between the plaintiff and the defendant has long been known to the long time.

B. The Plaintiff remitted the total amount of KRW 4,800,000 on December 15, 2009, and the total amount of KRW 2,800,000 on December 17, 2009 to the deposit account in the name of C, and remitted KRW 8,00,000 to the Defendant’s deposit account on December 16, 2009.

On December 17, 2009, the defendant remitted the above 8,000,000 won to the deposit account in the name of C.

C. On December 17, 2009, Plaintiff C performed the obligation of loans, etc. to Hyundai Capital as KRW 12,800,000 in cash. D.

C transferred each of the Plaintiff KRW 300,000,000 as interest, and KRW 300,000 as of February 16, 2010, and KRW 300,00 as of March 15, 2010, respectively, to the Plaintiff.

E. C died on January 22, 2011. On March 15, 2011, the Defendant reported the renunciation of inheritance to the Incheon District Court 201Mo572, and received a decision from the above court on May 9, 2011.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, entry of Eul evidence 1 and 2, purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the amount remitted to the defendant and C and the total amount of KRW 30,000,000 (hereinafter "the loan of this case") paid out of C's debt, is a loan to the defendant, and the above amount is claimed against the defendant.

The defendant asserts that C borrowed the instant loan, and that the defendant did not have the obligation to repay the instant loan since C renounced the inheritance after C's death.

B. The following circumstances revealed in the above facts of recognition (i.e., ① the amount remitted to the Defendant’s account among the instant loans is limited to KRW 8,00,000,000, and the said amount was returned to the deposit account in the name of C, and ② the amount KRW 12,80,000 out of the instant loans is to be repaid by the Plaintiff directly.