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 the mother of C, and the Defendant is a person who completed the marriage report on February 6, 2012 between C and C, and is the Plaintiff’s shot.

At present, the defendant and C are under divorce action.

(In Incheon Family Court's 2016ddan1314). (b)

On February 13, 2016, the Defendant and C abolished the general Gu on July 4, 2016, including Major Gu, including Major Gu, Nowon-gu, and Oral Gu, which is the place where the instant accident occurred, Seocheon-gu, Busan on February 13, 2016. However, in this judgment, the above general Gu is to be indicated for convenience.

(hereinafter the same shall apply)

D The moving-in report was completed and resided in the first floor of housing (hereinafter referred to as "D housing"), and the resident registration was transferred to the 17 Dong-dong 101 (hereinafter referred to as "E housing") in Bupyeong-gu, Seocheon-gu on December 30, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading

2. Summary of the parties' arguments

A. The purport of the Plaintiff’s assertion is that the Defendant, as she was, lent KRW 35,00,000 to ASEAN at the time when she leased D’s house, and thereafter, she was found to have lent KRW 10,000 out of the deposit amount of KRW 50,000,000 and the remainder of KRW 10,000 among the remainder of the deposit of KRW 50,000 and KRW 50,000. The Plaintiff claimed against the Defendant for a total of KRW 50,000 (= KRW 35,000,000 relating to D’s house) and damages for delay.

The Plaintiff initially filed an application for payment order with C and the Defendant for the purpose of jointly seeking the payment of the above loan (this Court 2016 tea1841), and the payment order issued by this court on June 16, 2016 was served on C and the Defendant respectively on June 23, 2016. On the other hand, the Defendant filed an objection, while C did not file an objection, and the part as to C was finalized as it became final.

B. The defendant asserts that the defendant did not borrow the above money from the plaintiff.

3. Determination

(a)the money between the parties is a loan for consumption;