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1.In accordance with changes in claims in the trial, the judgment of the first instance shall be changed as follows:
2. The plaintiff's request.
Reasons
On October 19, 2013, the Plaintiff asserts that the Defendant, who was the husband, lent KRW 2 million as travel expenses for participation in overseas school, to the Defendant who was the husband.
According to the statements in Gap 1, 2, 12, 13, and Eul 6, it is recognized that Won and the defendant were legally married couple who completed the marriage report on July 25, 201; the defendant participated in the academic council held in the United States from November 13, 2013 to November 19, 2013; the plaintiff remitted KRW 2 million to the defendant's account under the name of the defendant on October 19, 2013; and the transfer of KRW 2 million from the account under the above defendant's name of the defendant on October 21, 2013 to the account under the name of "C, the Busan University Hospital, the Busan University Hospital, which was working for the defendant on October 21, 2013; and thereafter, the fact that the Incheon University Hospital refunded KRW 1,812,526 to the defendant on July 26, 201.
However, comprehensively taking account of the overall purport of evidence Nos. 1, 5, and 6, the Plaintiff was in charge of the entire revenue and expenditure of the married couple, such as the Defendant’s salary, and the account in the name of the Defendant, which entered the Defendant’s salary, and the account in the name of the Defendant, which transferred KRW 2 million to the Plaintiff on October 19, 2013, appears to have been managed by the Plaintiff.
Considering the above circumstances, it is reasonable to view that the Plaintiff paid the Defendant’s expenses for participation in overseas school by remitting KRW 2 million to the account held in the name of C on October 21, 2013 as expenses incurred in maintaining the community life from the property jointly owned by the husband and wife under the agreement of the Defendant. Therefore, the facts acknowledged earlier and the evidence submitted by the Plaintiff alone cannot be deemed as lending the Plaintiff to the Defendant.
Therefore, the plaintiff's claim of this case is dismissed due to the lack of reason, and the decision of the court of first instance is modified according to the amendment of the claim in the trial.