1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff and the Defendant are adjoining neighbors who reside in the same apartment, and the Defendant and C were married couples who completed the marriage report on December 6, 2007, but they reached a judicial compromise to divorce on December 5, 2013.

(Skcheon District Court 2013Ddan10178). (b)

On January 28, 201, the Plaintiff deposited KRW 300,000,000 in the Korea Standards Bank Account under the name of the Defendant, KRW 3190,000 on March 9, 2011, KRW 100,000 on March 23, 2011, and KRW 920,00 on July 1, 201, respectively, with the original Saemaul Bank Account under the name of the Defendant.

【Ground of recognition】 Evidence Nos. 1, 1 through 3 (including numbers for those with additional numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that C borrowed the instant money from the Plaintiff and used the said money as food materials purchase and educational expenses for his children, etc., the Plaintiff asserts to the effect that C’s borrowing obligation to the Plaintiff constitutes a debt arising from ordinary work and is jointly and severally liable with C to repay the said borrowed money to the Plaintiff.

B. 1) The legal act on daily home referred to in Article 832 of the Civil Act refers to a legal act that is ordinarily necessary for a couple to engage in community life. If the act of borrowing money is for the purpose of raising funds necessary for a couple's community life, taking into account the amount, purpose of borrowing money, actual expenditure purpose, and other circumstances, it shall be deemed that it belongs to a daily house. 2) The fact that C was the defendant at the time of borrowing each of the instant money from the plaintiff, as seen earlier, was a husband and wife. According to the above evidence, it is recognized that there was some details of payment at a marina or convenience store after deposit of each of the instant money with each of the instant accounts in the name of the defendant.

However, according to the above evidence, the amount equivalent to each of the amounts of this case transferred to each of the accounts under the name of the defendant is the account in the name of the third party.