1. The plaintiff's claim is dismissed.

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

1. Summary of both parties' arguments;

A. On November 8, 2019, the gist of the Plaintiff’s assertion of the cause of claim: (a) the Plaintiff loaned KRW 100,000,000 to the Defendant at a rate of 1% per month by means of remitting from the Plaintiff’s account to the Defendant’s account under the name of the Defendant; (b) however, the Defendant only paid the interest for three months.

Therefore, the Defendant is obligated to pay the Plaintiff the above loans of KRW 100,000,000 and damages for delay.

B. The gist of the defendant's assertion is that the defendant received money from the defendant's account in the process of lending money to C, the spouse of the plaintiff, to D and delivered it to D.

Therefore, the creditor of the loan claim asserted by the plaintiff is not the plaintiff but the debtor is not the defendant.

2. Determination

A. The plaintiff is the spouse of C, and C and the defendant are the relatives of Gu.

On November 8, 2019, the Plaintiff remitted KRW 100,000,000 from the Plaintiff’s account under the name of the Defendant to the Defendant’s account. The Defendant, who received the remittance from the Plaintiff, immediately remitted the said KRW 100,000,000 to the E account under the name of D’s father.

D transferred 1,00,000 won to the account in the name of C on December 7, 2019, January 7, 2020, and February 7, 2020, respectively.

Meanwhile, on November 8, 2019, the contract to establish a contract on the first floor H of the G building of six parcels outside the Suwon-si District, which was based on the grounds for registration, was completed on November 8, 2019 by the debtor, D and the mortgagee, as the receipt of No. 173212 on November 8, 2019.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

B. (1) Therefore, in light of the following facts and circumstances, the Plaintiff’s creditor of the money transferred from the Plaintiff’s account to the Defendant’s account on November 8, 2019, taking into account the following facts and circumstances revealed by taking account of whether the Plaintiff was the Plaintiff and the aforementioned basic facts and evidence based on the recognition thereof, even if considering the evidence and assertion submitted by the Plaintiff, the actual money is provided.