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. The Plaintiff transferred KRW 5,00,000 to the network D (Death around September 23, 2006) through the account of C, the spouse, and KRW 4,000,00 on March 20, 206, respectively, and on August 9, 2006.

B. The Defendant, on August 22, 2007, remitted KRW 100,000 to the Plaintiff’s account; KRW 100,000 to September 27, 2007; KRW 100,000 to October 25, 2007; KRW 100,000 to November 28, 2007; and KRW 100,000 to December 26, 2007, respectively.

C. The defendant was between the couple D and the couple, but the agreement was reached on March 10, 1995.

【Ground of recognition】 The fact that there is no dispute, Gap No. 1, 2, Eul No. 1, and the purport of the whole pleading

2. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 9,00,000 in total to the deceased’s spouse D, under the name of daily household expenses, hospital expenses, etc., and the Defendant also has a duty to repay the above loans, which are ordinary household expenses, jointly and severally with the Defendant D.

In addition, after the death of the network D, the defendant promised to pay the above loan.

Therefore, the defendant is obliged to pay the remainder of 8,500,000 won and damages for delay.

3. Determination

A. At the time of the above lending, the Defendant was the husband and wife relationship with the deceased at the time of the above lending solely with the descriptions of the above recognition, the above recognition, Gap evidence No. 3, and Gap evidence No. 6.

It is insufficient to recognize the fact that the net D borrowed the above money under the name of living expenses, etc. with the defendant, and there is no other evidence to acknowledge it.

B. In addition, each of the above evidence alone is insufficient to recognize that the defendant promised to repay the above money to the plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, each of the above arguments by the plaintiff is without merit.

4. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.