1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from January 18, 2006 to November 24, 2014 to the Plaintiff.

1. Basic facts

A. The Plaintiff, along with his wife C, operates a gold bank with the “D” trade name in Ulsan Jung-gu.

B. The Defendant, together with husband E, operated a fishery product wholesale shop in the Nam-gu Seoul Metropolitan Government F market.

C. C The merchants of the F market operated a major fraternity.

With respect to the building 101, 501, Ulsan-gu G building owned by the Defendant, the registration of provisional seizure was completed on January 19, 2006, the claimed amount of KRW 50,000,000, and the creditor's provisional seizure.

E. Around May 2008, E died, and the Defendant renounced E’s inheritance.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, the purport of the whole pleadings

2. Assertion and determination

가. 주장 ⑴ 원고 ㈎ 주위적 청구원인 피고는 2004.경부터 원고의 아내 C에게 수산물 물품대금을 빌려달라고 요구하였고, 이에 원고가 피고에게 직접 송금하는 방식으로 돈을 빌려주었다.

The defendant paid the repayment of the borrowed principal by means of paying the repayment of the borrowed amount. The defendant confirmed that the borrowed principal is KRW 50,000,000 as a result of the settlement of accounts at the end of 205.

㈏ 예비적 청구원인 E이 원고로부터 돈을 차용한 것은 일상가사에 관한 법률행위에 해당하므로 피고는 민법 832조에 따라 차용금을 변제할 의무가 있다.

Belgium Defendant did not borrow money from the Plaintiff.

The defendant's husband E borrows money from the plaintiff's wife Eul.

B. Considering the overall purport of the pleadings in light of the statement in Gap evidence No. 2-1 to No. 4-4 of this Court, and the result of an order to submit financial transaction information to the NHF Bank to the NHF Bank (Account Number H), the defendant's entire purport of the pleadings was as follows: 10 million won on July 28, 2004; 20 million won on February 7, 2005; 20 million won on August 10, 2005; 20 million won on August 21, 2005; 5 million won on November 21, 2005; 14 million won on December 30, 2005; and 254,000 won on the plaintiff's title from this passbook to the end of December 20, 205; 200 won on the plaintiff's real estate after the provisional seizure by the plaintiff.