The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant: (a) married the Plaintiff’s children C and C in around 2007; (b) brought a divorce lawsuit against C around April 2019; and (c) divorced according to the decision in lieu of a around November 2019, by filing a divorce lawsuit against C.

B. The Defendant operated the head office from January 21, 2015 to October 17, 2016.

(c)

On December 5, 2014, the Plaintiff remitted KRW 70 million to the deposit account of the National Bank of Korea (hereinafter “the instant deposit account”) and KRW 10 million to the said account on January 2, 2015. The Defendant used most of the said money as lease deposit money and the interior cost for the collection and operation of the head office.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion asserts that the Plaintiff shall pay the Plaintiff the above loan and delayed damages, on December 5, 2014, as the Plaintiff transferred the sum of KRW 80 million, including KRW 70 million on December 5, 2014, and KRW 10 million on January 2, 2015 (hereinafter “the instant money”) to the instant deposit account to the Defendant, so that the Defendant may use the said money for the opening of the office.

In regard to this, the defendant asserts that the amount of this case is not a loan to the defendant whether the defendant extended the amount to ASEAN or C borrowed the amount from the plaintiff, or not.

B. In light of the fact that the Defendant used most of the instant money as the Defendant’s operating expense for the opening of the head office, and that the Defendant responded to C referring to the instant money in the course of divorce, the Defendant did not have room for lending the said money as alleged by the Plaintiff.

However, the Plaintiff did not transfer the instant money to a deposit account under the name of the Defendant, remitted it to the instant deposit account, which is the benefit account of ASEAN, and there is no particular claim against the Defendant for the return of the said money until before the instant lawsuit is filed, and there is no amount repaid by the Defendant even if part of the money was paid by the Defendant.