1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the above revocation shall be dismissed.

2...

1. Basic facts

A. The plaintiff is the wife of C, and the defendant is the birth of C.

B. Around 2007, when the Defendant’s wife purchased the plastic houses located in the Songpa-gu Seoul Metropolitan Government, the Defendant’s wife (hereinafter the Defendant’s wife) to the Plaintiff, who is his Dong Dong Dongdong, then he would be able to obtain the sales right for the commercial buildings newly created in the door-dong as compensation for the plastic houses, and thereby, he could obtain the sales right for the commercial buildings. As a result, he

C. On January 10, 2007, E, the Plaintiff’s seated through the Plaintiff, asked D to purchase a vinyl house, and paid KRW 100 million to D.

However, D did not request E to purchase a vinyl house, but did not return the above KRW 100 million.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 5-2, purport of the whole pleadings

2. The parties' assertion

A. Upon receiving a demand to return KRW 100 million paid from Plaintiff E, the Plaintiff paid KRW 60 million to E on behalf of Plaintiff E at the end of 2011.

With respect to the payment of KRW 60 million to E on behalf of the Plaintiff, the Defendant, who is the husband of D, was responsible for the payment of KRW 60 million.

The plaintiff borrowed the above 60 million won from Li F to E in order to pay the above 60 million won, and paid F with interest of KRW 7.5 million.

Therefore, the defendant is obligated to pay the above 6750,000 won and damages for delay to the plaintiff.

B. There is no evidence to prove that the Plaintiff paid KRW 60 million to E on behalf of the Defendant D.

In addition, the defendant did not agree to pay the above KRW 60 million to the plaintiff.

3. The judgment of this Court

A. First, we examine whether the Plaintiff paid KRW 60 million to E on behalf of the Defendant’s wife D.

According to Gap evidence Nos. 15-1 and 2 submitted at the trial court, Eul's written statement of March 19, 2015 is the end of 2011.