1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On April 28, 1987, the pertinent Plaintiff of the parties filed a marriage report with D on April 28, 1987, and slick M and children, and the Defendant operated the real estate brokerage office as D from around 2003, and from around 2009, the real estate brokerage office is operated in the name of “L Licensed Real Estate Agent Office” with the name of “L Licensed Real Estate Agent Office.”

B. From October 14, 2013 to February 10, 2014, a total of KRW 3.6 million was transferred to the account under the name of the Defendant, and a total of KRW 97 million was transferred by means of transfer from the Plaintiff’s account in the name of the Plaintiff, as shown in the attached list of the remittance in the Plaintiff’s name.

C. On May 19, 2015, D in the course of a divorce lawsuit between the Plaintiff and D filed a lawsuit against the Plaintiff, such as divorce (2015dhap10066), with the Incheon Family Court’s Vice-Support (2015dhap 10066), the Plaintiff also filed a counterclaim (2015dhap 10103), and currently pending trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 15, 17 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff borrowed a total of KRW 43 million to the Defendant, as shown in the separate sheet, upon receiving the Defendant’s request for a monetary loan to invest in the export business of the Plaintiff used cars. However, since only KRW 58 million was refunded out of the above money, the Defendant is obligated to pay the remainder of KRW 345 million to the Plaintiff and the statutory interest or delay damages therefrom.

B. The defendant and the defendant agreed to make their own investments in the used cars export business promoted by C with the plaintiff and the plaintiff's wife D, and delivered the money transferred from the plaintiff and the defendant together with the money of C. The defendant did not recover the amount of investment due to C's deception, and the defendant did not borrow money from the plaintiff.

3. The key issue of the instant case is in the name of the Plaintiff’s financial institution under the name of the Defendant.