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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion and the Defendant D were married on December 10, 2009, and the divorce judgment rendered on July 15, 2014 became final and conclusive on July 31, 2014, and thus divorced. Defendant B and C are children whose husband had been between Defendant D and the former husband.
While the Plaintiff and Defendant D maintained a matrimonial relationship, upon Defendant D’s request or demand, the Plaintiff transferred KRW 32,550,000,000 in total written purport of the claim to Defendant B, C, and D ( KRW 17 million on March 17, 2010, and KRW 14,00,000 on April 14, 201 to Defendant B’s account. On June 28, 2011, the Plaintiff transferred KRW 850,000 in total to Defendant B’s account under the name of Defendant B and the account under Defendant D’s name and KRW 5 million on February 7, 2012, respectively). The said money was designed to set up a deposit for lease to Defendant B and C, a child of Defendant D, and was leased to Defendant B and C without due date for payment.
In addition, Defendant D promised to pay the above money, and the Defendants are jointly obligated to pay the money stated in the purport of the claim to the Plaintiff.
2. As alleged by the Plaintiff, even if the Plaintiff transferred the total amount of KRW 32,50,00 to Defendant B and D, in light of the following circumstances, it is difficult to view that the transferred money as above was a loan, and there is no evidence to prove otherwise that the Plaintiff promised to lend the transferred money or to promise Defendant D to repay, in light of the overall purport of the entries and arguments in subparagraphs 1 and 2 (including paper numbers) and 3 as well as the overall purport of the arguments, and in light of the following circumstances.
Therefore, the plaintiff's above assertion is without merit.
The money transferred by the Plaintiff was transferred during the marriage period between the Plaintiff and Defendant D. In the judgment of divorce case of the Plaintiff and Defendant D [the Daejeon Family Court's Seosan Branch 2013da10126 (principal lawsuit) divorce and consolation money, 2013dadan10348 (Counterclaim) divorce and consolation money], which had been between the Plaintiff and Defendant D, “the Plaintiff shall pay from time to time to time to time to the Defendant D during the marriage life, and shall grant tuition fees to the children of Defendant D.