1. The claim of this case is dismissed.

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

Facts of recognition

On October 6, 2015, the Plaintiff lent KRW 10 million to the Defendant’s account upon C’s request on October 6, 2015, KRW 25 million on October 7, 2015, and KRW 7 million on December 21, 2015 (hereinafter “instant lending”).

C repaid to the Plaintiff KRW 5 million on November 5, 2015.

After that, C was used in a state where food was unknown, and D's children, as of April 28, 2016, deducted the rent, management expenses, etc. of unclaimed money from among the deposit for the lease of a residence of C, and paid to the Plaintiff the remaining KRW 2,683,117, which is the remainder.

The defendant is C's spouse.

[Ground of recognition] The plaintiff asserts that Gap's joint loan claim as to the plaintiff's loan return claim as stated in Gap's evidence Nos. 1, 2, 4, 5, 6, and 7 had a duty to return the loan of this case 34,316,83 won (=10 million won + 25 million won + 7 million won - 5 million won - 2,683,117 won) as the borrower.

As to whether the Defendant borrowed the instant money from the Plaintiff, even if based on the Plaintiff’s assertion, C demanded to deposit money from the Plaintiff to the account under the name of the Defendant, the husband, and deposited money into the account under the name of the Defendant. The fact of recognition alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

The plaintiff asserts that, for the purpose of the marriage fund of D, the amount of KRW 35 million that C borrowed from the plaintiff is large, the amount of KRW 7 million was borrowed from the defendant at the house to live together with the defendant, and C actually uses KRW 10 million out of the above KRW 35 million as the cost of living with the defendant, and KRW 7 million as the lease deposit for the apartment to live together with the defendant, so the defendant asserts that C is responsible for the repayment of the amount borrowed by the right of ordinary household affairs.

The term "legal act related to a daily home" as referred to in Article 832 of the Civil Act means a juristic act done by a couple's community.