1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the Defendant’s front infant, and the Defendant married with Plaintiff C, but divorced on August 2018 through the conciliation procedure of the Family Court.

B. The Plaintiff transferred KRW 60,000,000 to each Defendant’s account on October 20, 2015, when the Defendant and C were married, and KRW 5,000,000 to each Defendant’s account on June 28, 2017.

【Non-contentious facts, Gap evidence 1, 2-1, 2-1, and Eul evidence 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff asserts that the money transferred to the Defendant as above is the money that the Plaintiff loaned to the Defendant, and thus, the Plaintiff sought the return thereof.

B. As to this, the Defendant asserted that the money was only a donation made by the Plaintiff to help the father of the child, but not a loan to the Defendant.

3. Determination

(a) In full view of the respective descriptions of Gap evidence 3 to 16 (the paper number omitted; hereinafter the same shall apply), Eul evidence 1 to 8 and the whole purport of the pleadings, the following facts and circumstances are recognized or delayed:

1) The defendant and the C Husband and wife (hereinafter referred to as "the defendant and wife").

A) On April 4, 2005, after completing the marriage report, C was a public official, and the Defendant was also a public official, and around October 2015, the E-cafeteria located in Yongcheon-si D was operated by the group, the private teaching institutes, etc. before acquiring the ownership of the restaurant (the acquisition of the restaurant business and the acquisition of the ownership of the real estate), and after the acquisition of the said restaurant, the said restaurant was operated.

The defendant couple has jointly managed the property as an economic common living body during marriage without distinction.

The financial account has been used regardless of the name, and the apartment house located in Daegu Suwon-gu, which was the most important property of the defendant couple's property, was transferred to the third name before the acquisition of the restaurant, and the E restaurant was thought to be transferred to the joint name of the couple, but it was difficult for C to use the name in the name of the restaurant because C was a public official.