The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Facts of recognition;

A. The plaintiff is the husband of C, and the defendant is the husband of C, and the plaintiff and the defendant are both husband and wife.

B. The Plaintiff, on January 19, 201, remitted each of the KRW 172 million to the account in the name of the Defendant’s financial institution, including the sum of KRW 42 million on May 12, 201, and KRW 130 million on May 12, 2017 (hereinafter “instant KRW”).

(c)

On November 23, 2018, Part C filed a lawsuit against the Plaintiff, such as divorce (Seoul Family Court Seosan Branch 2018 Dhap 10203), and the Plaintiff was served on December 6, 2018.

(d)

On December 17, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that the Defendant requested the change because it did not change even though the Defendant borrowed KRW 172 million from the Plaintiff.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), Gap evidence Nos. 16-2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. On January 201, the Defendant requested the Plaintiff to lend the amount of KRW 50 million necessary for the settlement of living capital and debts, which was in an economically difficult situation due to the Plaintiff’s failure to invest in the Plaintiff’s shares. Accordingly, the Defendant lent KRW 42 million to the Defendant that the Plaintiff had been able to procure at the time of January 19, 201.

In addition, around May 2017, the Defendant: (a) knew that the Plaintiff disposed of the building located in Jin-si at Jin-si and owned the amount of KRW 3 billion; (b) requested the Plaintiff to find the Plaintiff; and (c) to lend the amount of KRW 300 million necessary for the settlement of debts due to the failure to invest in stocks; and (d) on May 12, 2017, the Plaintiff lent the amount of KRW 130 million to the Defendant.

B. The defendant 42 million won in the case of this case was transferred to E by the plaintiff to the defendant because the plaintiff was suffering from economic difficulties due to the plaintiff's her son or the plaintiff's son's son due to fraudulent damage, and the defendant transferred to E money as a donation. The 130 million won in the case of this case is the plaintiff's past defendant.