1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from April 1, 2015 to August 17, 2016, and the following.

1. Basic facts

A. On November 26, 2013, the Plaintiff deposited KRW 10,000,00 in the Defendant’s account.

B. On October 14, 2014, the Plaintiff deposited KRW 40,000,00 in the Defendant’s account.

C. The Plaintiff’s punishment C and the Defendant reported marriage on August 5, 2013, but reported divorce on May 1, 2015.

[Ground for recognition] Facts without dispute

2. The assertion and judgment

A. The Plaintiff asserted that (1) The Plaintiff loaned KRW 10,000,000 to the Defendant on November 26, 2013 when the Defendant loaned money as the apartment bid bond is required, and that the Plaintiff loaned money to the Defendant on October 14, 2014 when the apartment purchase price is insufficient, and the Plaintiff loaned KRW 40,000,000 to the Defendant on October 14, 2014, and the Defendant promised to repay money by March 2015.

In regard to this, the defendant asserts that while maintaining a marital relationship with the plaintiff's form C, the plaintiff would use the plaintiff's form of money as the living cost, the plaintiff would not lend money to the defendant on November 26, 2013, but only deposit the defendant's account 40,000,000 won with the plaintiff's request, and that the defendant would not borrow money to the plaintiff.

(2) 인정 사실 ㈎ 원고는 2013. 11. 26. 원고의 계좌에서 피고의 계좌로 돈을 송금하면서 원고의 계좌 적요 란에 ‘B 아파트 입찰보증금’이라고 기재하였고, 2014. 10. 14. 원고의 계좌에서 피고의 계좌로 돈을 송금하면서 원고의 계좌 적요 란에 ‘B 아파트 중도금 빌려줌’이라고 기재하였다.

㈏ C과 피고는 자산관리공사에서 관리하고 있던 논산시 D아파트 104동 303호에서 거주하고 있었는데, 2013. 11. 27. 위 아파트에 대한 공매절차에 참여하여 위 아파트를 낙찰받고자 하였다.

Accordingly, C withdrawn KRW 10,00,000 from the account of C on November 27, 2013 to use the bid bond as a check, but the said apartment was not awarded on the same day, and the Defendant on November 26, 2013.