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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 gist of the Plaintiff’s assertion was on April 20, 2010 by remitting KRW 100 million to the account under the Defendant’s name upon the Defendant’s request that living expenses be needed.
2. According to the evidence No. 1 of the judgment on the cause of the claim No. 1, the fact that the Plaintiff remitted KRW 100 million to the Defendant’s account under the name of the Defendant on April 20, 2010 is recognized.
However, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in evidence Nos. 3, 8, and 9, namely, ① the Plaintiff and the Defendant’s spouse drafted a written agreement (No. 8) dated April 20, 2010 with respect to the Seoul Mapo-gu Seoul D shop owned by C, and the above written agreement states that the Plaintiff transferred KRW 200 million to C, which was established on April 21, 2010. ② In fact, the above commercial building was closed on April 21, 2010, with the maximum debt amount of the Plaintiff, KRW 20 million, the obligor, and the mortgagee as the right to collateral security. ③ However, the Plaintiff’s direct remittance to C around April 20, 2010 only recognized KRW 50,000,000,000 for the remainder of KRW 150,000,000,000,000 for the Defendant’s account, and there is no evidence to acknowledge it otherwise between the Plaintiff and the Defendant’s account.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.