대여금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The reasoning of the judgment of the court of first instance is as follows, except for the addition of the following "2. Additional Judgment" as to the allegations added by the plaintiff in this court, and thus, the ground of the judgment of the court of first instance is identical to that of the court of first instance. Thus, it shall be admitted as it is by the main sentence of Article 420 of the Civil Procedure Act (excluding the part as to the selection of the first instance court of which separation and determination is made as to C
A. The Plaintiff is liable for the repayment of the obligation jointly with C pursuant to Article 57(2) of the Commercial Act, since C is aware that it is a bad credit holder, and the Defendant permitted C to use its account, which is an act of commercial guarantee.
The argument is asserted.
However, just because C used the Defendant’s account under the name of the Defendant, it cannot be deemed that the Defendant guaranteed C’s obligation to the Plaintiff, and there is no evidence to prove otherwise that C guaranteed C’s obligation.
The plaintiff's above assertion is without merit.
B. The plaintiff asserts that since the defendant received money deposited in his name jointly with C, it was concluded between the plaintiff and the defendant.
However, a monetary consumption lending contract was concluded between the Plaintiff and the Defendant solely because the Plaintiff remitted money to the Defendant’s account designated by C.
subsection (b) of this section.
The plaintiff's above assertion is without merit.
(c)
In addition, the plaintiff is liable for the repayment of the above borrowed money jointly with C, since the borrowing act of C is about daily home affairs.
The argument is asserted.
A juristic act concerning daily home affairs referred to in Article 832 of the Civil Act;
The term "legal act concerning the ordinary affairs required in the common life of both spouses" refers to a legal act concerning the ordinary affairs required in the common life of both spouses. The specific scope is determined not only according to the actual living conditions such as the social status, property, and revenue capacity of the couple, but also according to the custom of the community, which is the living place of the couple. In determining whether the specific legal act is a legal act concerning