1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant’s wife C loaned KRW 5,000,000 as it is necessary to pay the Plaintiff unpaid national taxes, and the Plaintiff lent KRW 5,00,000 to C through D on April 22, 2016.

B. C transferred KRW 5,309,251 to the Defendant on April 22, 2016.

C. The Plaintiff filed a complaint in collusion with the Defendant and C with the content that the Defendant acquired the above KRW 5,00,000 by fraud.

On December 20, 2017, the Daegu District Public Prosecutor's Office rendered a final decision that the defendant was guilty, and the plaintiff's application for a ruling regarding the above disposition was dismissed.

On August 1, 2017, the Defendant divorced by agreement with C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 12 evidence, Eul evidence 6 and 13, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) C deceiving the Plaintiff that “if a deposit is attached due to the default of national taxes, if the deposit is leased KRW 5,00,000,000, it will pay national taxes until April 30, 2016.” After receiving the said money from the Plaintiff and then receiving it from the Defendant’s account in the name of the Defendant who was the husband, and the Defendant acquired it by fraud. Accordingly, the Defendant is liable to pay the said money and damages for delay to the Plaintiff in collusion with C. Therefore, the Defendant is liable to pay the Plaintiff the said money and damages for delay. 2) The Defendant is running the end retail business jointly with C in common and in mutual name “F”, and C used the said KRW 5,00,000 borrowed from the Plaintiff for the purpose of ordinary family affairs with the Defendant, or borrowed it from the Plaintiff on behalf of the Defendant, and thus, the Defendant also is liable to pay the said borrowed money and damages for delay.

B. The Plaintiff lent KRW 5,00,000 to C on April 22, 2016 regarding the claim for damages for damages or unjust enrichment, and the fact that C remitted the said money to the Defendant is as seen earlier, however, the said fact was added.