1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. From April 4, 2014 to July 17, 2014, the Plaintiff leased KRW 11 million to the Defendant and paid KRW 3 million among them. Therefore, the Defendant is obligated to pay the Plaintiff KRW 8 million and delay damages.

B. Even if the Plaintiff loaned KRW 11 million to C other than the Defendant, the Defendant and C are in de facto marital relationship or de facto marital relationship, and C borrowed KRW 11 million is a legal act related to daily home affairs. Thus, the Defendant is obliged to pay the Plaintiff KRW 8 million and its delay damages pursuant to the main sentence of Article 832 of the Civil Act.

As the Plaintiff asserted that the Defendant and C are marital relations, the Plaintiff’s assertion is the same as the above.

2. Determination

A. 1) According to the overall purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 1 evidence Nos. 1 and the whole purport of the pleadings, the fact that the plaintiff remitted KRW 11 million to the account under the name of the defendant from April 4, 2014 to July 17, 2014 is acknowledged. However, the following circumstances revealed by the entry of evidence No. 4, the witness of the first instance trial, and the purport of the testimony and pleading of the witness of the first instance trial, i.e., the person who borrowed the above KRW 11 million in the court of the first instance stated himself/herself as the defendant, ii) the individual rehabilitation procedure against him/her (Seoul District Court Decision 2016Da10452) included the above KRW 1,100,000 as the list of claims against the plaintiff, and in this regard, the plaintiff did not receive money from the above account No. 1000,100,000 won in light of the above evidence No.

Therefore, the above argument is not accepted.

B. The judgment on the second argument shall be recorded in the evidence No. 2, the testimony and pleading of the witness C of the first instance trial.