1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 2, 2014, a total of KRW 10 million was transferred from the account under the Plaintiff’s name to the account under the Defendant’s name on two occasions on two occasions.

B. On April 30, 2015, the Plaintiff’s account was deposited with KRW 5 million in the Defendant’s name.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① on December 2, 2014, the Plaintiff lent KRW 10 million to the Defendant, and the Plaintiff was not repaid KRW 5 million among which, thus, sought payment of KRW 5 million.

② Even if the Defendant borrowed KRW 10 million from the Plaintiff without borrowing the above KRW 10 million, in light of the fact that the Defendant and C were in de facto marital relationship and the Defendant and C jointly operated the store called D, the borrowing of KRW 10 million from the Plaintiff to operate the store called D is included in the scope of ordinary household affairs, and thus, the Defendant is obligated to pay the Plaintiff KRW 5 million.

③ Since the Defendant committed a tort of lending one’s passbook to C, thereby resulting in the Defendant’s failure to recover KRW 5 million out of the remittance amount, the Defendant is obligated to pay the Plaintiff KRW 5 million as damages.

B. The defendant's assertion C used the account under the name of the defendant, and C borrowed KRW 10 million from the plaintiff, and the defendant did not borrow money from the plaintiff.

3. Determination

A. As seen earlier, the Plaintiff’s transfer of KRW 10 million from the account under the Plaintiff’s name to the account under the Defendant’s name from December 2, 2014 to the account under the Defendant’s name. However, in light of the following circumstances, the Plaintiff deposited KRW 10 million into the account under the Defendant’s name at the Defendant’s request, i.e., the Plaintiff’s deposit of KRW 10 million at the Defendant’s request, and the Plaintiff sent the certificate of content to the Defendant.