손해배상(기)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance “2. Judgment on the claim against Defendant C”, and thus, it is acceptable by the main sentence of Article 420 of the Civil Procedure
However, the following judgments are added to the grounds for appeal that the plaintiff asserted or emphasized in this court.
2. Judgment on the plaintiff's assertion
A. Even if the Plaintiff’s assertion that the co-defendant B (hereinafter “B”) borrowed money from the Plaintiff, the Defendant, who is the spouse B, is jointly and severally liable with the Plaintiff pursuant to the provision on the right of representation for daily home life under Articles 827 and 832 of the Civil Act, since he borrowed money from the Plaintiff for the purpose of raising funds necessary for the common life of both spouses.
B. The term "legal act concerning daily home affairs" as referred to in Articles 827 and 832 of the Civil Act refers to a legal act concerning ordinary affairs necessary for a couple's community. The specific scope is not only the social status, property, and revenue capacity of the couple, but also the community's custom, etc., which is the place of living of the couple. However, in determining whether the specific legal act is a legal act concerning daily home affairs, the specific legal act must be determined not only by the internal circumstance of the couple's community or the individual purpose of the act, but also by the objective type, character, etc. of the legal act.
(See Supreme Court Decision 200Da8267 Decided April 25, 200, etc.). In full view of each of the facts acknowledged earlier and the purport of the entire pleadings in Gap evidence Nos. 3, 4, 6, and Eul evidence Nos. 1, 7, and 10, the Plaintiff remitted KRW 300 million to Eul on January 13, 2017, and the Defendant wired KRW 1 million to E on January 18, 2017, and then transferred KRW 1 million to E on January 19, 2017 as of E and Mapo-gu Seoul Metropolitan Government F apartment G (hereinafter “instant apartment”).