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. Basic facts

A. On November 12, 2004, the Plaintiff and C have been married with C and C on November 17, 201, but an agreement was reached on November 17, 201.

B. On June 29, 2009, the Plaintiff remitted 2.7 million won (hereinafter “the instant money”) to the passbook in the name of the Defendant (hereinafter “instant passbook”).

C. C used the instant passbook during the marriage life with the Defendant, and used it to transfer to the Plaintiff KRW 50,000,000 on July 4, 2008, and KRW 300,000 on December 1, 208, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. On June 29, 2009, the plaintiff asserted that he lent the instant money to the defendant at the defendant's request. Accordingly, the defendant borrowed the instant money from the plaintiff by C who managed the defendant's passbook, and the defendant did not borrow the instant money from the plaintiff.

B. We examine the following circumstances: (a) the Plaintiff was transferred from Bana on July 4, 2008 and December 1, 2008 through the passbook, and transferred the money to Da, and (b) May 14, 2009, by means of transfer of KRW 300,000,000,000 to Da. The Plaintiff asserted that the transfer of the money is a transaction with C; (c) the Plaintiff borrowed the money with the Defendant’s intent to make a stock investment; (d) although the money was withdrawn after the money was transferred to the passbook, it is difficult to find motive for the Defendant to borrow the money from the Plaintiff at the time; and (e) the Plaintiff was paid a marriage on July 12, 2015 with respect to the payment order of the money of this case.