1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. On June 30, 2008, the Plaintiff’s assertion was requested from the co-defendant B (hereinafter “B”) of the first instance court, who is the Defendant’s husband, to lend KRW 30 million, as the problem occurred in the house and used rapidly in the household.

On October 2007 and November 2007, the Plaintiff had already leased KRW 35 million to the Defendant and B and had received reimbursement from the Defendant. Upon confirmation by telephone to the Defendant, the Plaintiff received a request from the Defendant to deposit KRW 30 million with his own account not in B but in his own account. On June 30, 2008, the Plaintiff paid KRW 30 million to the Defendant and lent the said money to the Defendant and B, and received interest KRW 15 million.

Therefore, the Plaintiff seek against the Defendant the total amount of KRW 45 million (the principal of KRW 30 million plus interest of KRW 15 million) and damages for delay.

2. Determination

A. On June 30, 2008, the Plaintiff remitted KRW 30 million to the Nonghyup Bank account in the name of the Defendant, and on June 30, 2008, B prepared and delivered a loan certificate stating that the Plaintiff will borrow KRW 30 million and pay interest KRW 15 million (hereinafter “the loan certificate of this case”) to the Plaintiff on June 30, 2008. The fact that the Defendant spent living expenses, etc. with the physical card connected to the above Nonghyup Bank account was either disputed between the parties, or recognized as the result of an order to submit financial transaction information to the No. 1 and 2 of the court of the first instance, and the fact that the Defendant paid the living expenses, etc. with the physical card connected to the above Nonghyup Bank account is recognized as the result of

B. However, as a result of issuing an order to provide financial transaction information to the No. 1 or 4 of Eul, and as a result of issuing an order to the No. 1 or 4 of the trial court, the following circumstances, namely, ① deposit in the above account under the name of the defendant with a KRW 10 million on June 30, 2008 and the same day, were deposited in the above account under the defendant's name, and the KRW 15 million was transferred to E on July 3, 2008, which appears to have been used by B.