1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is the plaintiff.

B. On December 11, 2002, the Plaintiff transferred KRW 193 million to the Seodong Saemaul Depository Account (Account Number: D; hereinafter “One Account”) in the name of the Defendant, the Defendant’s children.

C. The Defendant, at the first account, remitted the amount of KRW 10 million on January 20, 2003, 200 million on the account in the name of C, and KRW 6 million on the 23th of the same month, and KRW 170 million on the 27th of the same month, and deposited the amount of KRW 170 million on the 27th of the same month into the Seocho-dong Saemaul Depository Account (hereinafter “Second Account”).

After that, in the second account, money was withdrawn or deposited as shown below.

The amount of KRW 10,000,000 from February 7, 2003 to KRW 50,000,000 to KRW 12,000,000 on May 15, 2003; KRW 11,00,000 on KRW 10,000; KRW 10,000 on KRW 10,000 on KRW 30,00,00 on KRW 110,00 on May 20, 200; KRW 110,000 on KRW 15,00,00 on KRW 10,00 on KRW 10,00 on KRW 15,00 (N-O) on KRW 10,00 on KRW 15,00 on KRW 15,00 on KRW 5,00,00 on KRW 105,00 on KRW 5,00 on KRW 205,00 on KRW 200.

2. Summary of the parties' arguments

A. Upon requesting the Plaintiff to use the Plaintiff’s debt repayment, the Plaintiff wired KRW 193 million to the first account on December 11, 2002. The Defendant used only KRW 80,467,934 out of the above money as the cause of the Plaintiff’s debt repayment, and returned KRW 5 million to the Plaintiff. As such, the Defendant returned KRW 107,532,066 (= 193,000,000 – KRW 80,467,934 - 5,000,000) to the Plaintiff.

B. The defendant.