1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. In September 2018, the Plaintiff lent KRW 50,000,00 to the Defendant and the Defendant’s husband C.

B. In September 2018, the Plaintiff lent KRW 50,00,000 to C under the pretext of operating funds of the Defendant and the Defendant’s husband C or common living expenses of both spouses, which were operated by the Defendant and the Defendant’s husband C.

C. Therefore, the Defendant is obligated to pay the Plaintiff KRW 50,000,000 as well as the statutory damages for delay stated in the purport of the claim.

2. Determination

A. According to the financial transaction information reply of the D Bank, even though the Plaintiff is deemed to have remitted total of KRW 30,000,000 to the deposit account in the name of the Defendant from September 10, 2018 to September 12, 2018, the Plaintiff’s above fact alone is insufficient to recognize that the Plaintiff lent the said money to the Defendant, and there is no other evidence to acknowledge otherwise.

1. The argument under paragraph (1) is without merit.

B. The plaintiff's status

1. The claims as referred to in paragraph (b) are examined with regard to the joint and several liability of the obligation arising out of the ordinary home life pursuant to Article 832 of the Civil Act;

When one side of the married couple has done a juristic act with a third person in connection with daily home affairs, the other shall be jointly and severally liable for the obligation arising therefrom.

(A) Article 832 of the Civil Act provides that a juristic act pertaining to a daily home refers to a juristic act which is normally needed for a husband and wife to lead a common life. The contents and scope of a juristic act are determined by the community’s living structure, degree, and the community’s living place, which is the place of the husband and wife’s living. In determining whether a specific juristic act at issue concerns a couple’s daily home affairs, it shall be determined in accordance with the social norms by comprehensively taking into account all the objective circumstances, such as the kind and nature of the juristic act, and the subjective intent and purpose of the family manager, and actual living

On the other hand, money borrowed is also money borrowed, borrowed purpose, actual use, and money borrowed.