1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. On June 14, 2012, the Plaintiff transferred KRW 30 million to the account (I) in the name of the Defendant at the request of the Defendant D, who is the Defendant’s husband. 2) Of the above KRW 30 million, the amount of KRW 26.98 million was transferred to the Defendant’s another bank account (J) and was used again as credit card payments, children’s education expenses, gas expenses, living expenses, etc.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the result of the first instance court's response to financial transaction information to Korean banks, the purport of the whole pleadings

B. Determination 1) Under the premise of the legal principle, a juristic act related to ordinary family affairs as referred to in Article 832 of the Civil Act refers to a juristic act related to ordinary business necessary for a couple’s community life. The specific scope is not only realistic living conditions such as the marital community’s social status and financial capacity, but also the community’s custom, which is the place of living of the couple. However, in determining whether the specific juristic act is a juristic act related to ordinary family affairs, it should be determined by considering not only the internal situation of the married couple’s community or the individual purpose of the act, but also the objective type, character, etc. of the juristic act (see, e.g., Supreme Court Decision 200Da8267, Apr. 25, 200). In addition, if it is for the purpose of raising funds necessary for the couple’s community life, considering the amount of money borrowed, loan purpose, actual expenditure purpose, and other circumstances, it shall be deemed that it belongs to ordinary family affairs if it is done for the purpose of raising funds.