1. The plaintiff's claim is dismissed.

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

Basic Facts

The pertinent Plaintiff is the leakage of C.

The defendant married on January 6, 2005 with C, but divorced as the divorce judgment became final and conclusive on August 2018.

The Plaintiff remitted the Plaintiff’s remittance of KRW 58 million to the Defendant’s deposit account, including KRW 10 million on April 17, 2008, KRW 8 million on April 22, 2008, KRW 200 million on March 25, 2009, and KRW 58 million on April 1, 2009 (hereinafter “instant money”).

The defendant, such as the divorce between the defendant and C, filed a lawsuit of divorce, etc. against the Suwon District Court 2017ddan10797.

C filed a counterclaim for a claim, such as divorce, as Suwon District Court 2017ddan11370.

(2) On July 27, 2018, the Defendant and C (hereinafter “instant divorce lawsuit”). On July 27, 2018, the said court rendered a judgment that “The Defendant and C are divorced. The Defendant rendered a judgment that “The Defendant shall pay the property division amount of KRW 41,262,88, and delay damages therefrom.”

C filed an appeal with the Suwon District Court 2018Reu237, 2344 (Counterclaim) regarding division of property and child support.

On November 19, 2018, the Plaintiff filed the instant lawsuit against the Defendant and C seeking the return of the loan amounting to KRW 58 million, which was pending in the said appellate trial, and C submitted a written answer to the effect that the Plaintiff’s claim is accepted to this court on January 8, 2019.

On April 4, 2019, the settlement recommendation decision was finalized between the Plaintiff and C, with the content that C shall pay the Plaintiff the borrowed amount of KRW 58 million and the delay damages.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 and 2, significant facts in this court, the plaintiff's assertion of the purport of the whole pleadings by the party concerned was lent to the defendant and C as interest-free in total the amount of KRW 58 million, including the amount of KRW 10 million on April 17, 2008, KRW 8 million on April 22, 2008, KRW 200,000 on March 25, 2009, KRW 200,000 on April 1, 2009, and KRW 58 million on April 1, 2009.

Although the Plaintiff demanded the return of the above loan to the Defendant, the Defendant did not comply with it.

The defendant is against the plaintiff.