1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The defendant is the husband's spouse who has been divorced before the plaintiff's divorce D.

B. From the Plaintiff’s EF account to the Defendant’s GF account, KRW 10 million was transferred from November 2, 2017, KRW 10 million, KRW 10 million on Apr. 4, 2017, KRW 10 million on Nov. 5, 198, KRW 40 million on Nov. 1, 201, and KRW 10 million on Aug. 1, 201.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, and the purport before oral argument

2. The assertion and judgment

A. The Plaintiff asserts that the amount of KRW 40 million transferred to the Defendant is the Plaintiff’s loan to the Defendant and sought the return thereof.

In this regard, the defendant asserts that the above KRW 40 million was only loaned real estate of the network D as collateral and was transferred from the network D through the account in the name of the plaintiff.

B. The Plaintiff bears the burden of proving that the Plaintiff’s claim for the return of KRW 40 million is the Plaintiff’s loan.

In this regard, it is not sufficient to recognize that the above amount was the Plaintiff’s loan solely on the evidence Nos. 1 and 3 submitted by the Plaintiff to clarify that the above amount was the Plaintiff’s loan, and there is no other evidence to acknowledge it.

Rather, in light of the fact that the Plaintiff, at the second date for pleading, borrowed the above amount of KRW 40 million from a financial institution and deposited it to the Plaintiff’s account in the name of the Plaintiff, and that it did not disclose the fact that the Plaintiff did not disclose the fact that the Plaintiff received the above amount of KRW 40 million from the network D, there is room for the Plaintiff to have lent the above amount to the Defendant using the Plaintiff’s account in the name of the Plaintiff.

The plaintiff's assertion is not accepted.

3. The plaintiff's claim is dismissed.