대여금
1. Defendant C’s KRW 24,00,000 as well as 5% per annum from March 27, 2010 to February 5, 2014 to the Plaintiff.
1. As to the judgment on the claim against Defendant C, the Plaintiff lent KRW 24 million to Defendant C from July 2007 to July 2009, and around that time, the Plaintiff paid KRW 10 million out of the above KRW 24 million to Defendant C at the time of directors of E Apartment on June 2010, the remainder of KRW 14 million shall be repaid at the time of E Apartment, and the interest rate of KRW 14 million shall be KRW 4 million from July 24, 2009 to July 24, 2009, and the above KRW 2 million shall be interest rate of KRW 14 million each month from August 2009 to each payment period from August 6, 2009, and the fact that the Plaintiff received a loan certificate of KRW 10 million,000,000,000 as a whole, may be acknowledged by taking account of the overall purport of arguments in the evidence Nos. 1 and 2.
According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff the above borrowed amount of KRW 24 million and the damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from March 27, 2010 to February 5, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. The plaintiff asserts that the defendant D should pay the above KRW 24 million jointly with the defendant C, since the plaintiff is in a marital relationship with the defendant, and the defendant C used the money for domestic expenses by lending money from the plaintiff, and the defendant D also promised to pay the plaintiff KRW 1 million through KRW 500,000 for each month.
However, according to Article 832 of the Civil Act, if one side of the couple performs a legal act with a third party on the daily home affairs, the other side is jointly and severally liable for the obligation arising therefrom, and if the act of borrowing money is for the purpose of raising funds necessary for the common life of the married couple, taking into account the amount, purpose of borrowing money, actual expenditure purpose, and other circumstances, the other side's legal act falls under the ordinary home affairs. However, the burden of proof is that the other side's legal act is about the daily home affairs.