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(영문) 수원지방법원 2020.10.08 2019나78692

대여금

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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the corresponding part of the judgment of the court of first instance as stated in the following paragraph (2). Thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.Nos. 8 through 13 of the decisions of the first instance court shall be prepared in the following manner:

In light of the following circumstances, i.e., that D borrowed money from the networkF to the effect that it constitutes a juristic act with respect to daily home affairs and that the Defendant, a spouse of D, is jointly and severally liable for D’s debt pursuant to the main sentence of Article 832 of the Civil Act; however, the Defendant, a spouse of D, is also jointly and severally liable for D’s debt under the main sentence of Article 832 of the Civil Act. However, considering the following circumstances, i.e., ① is deemed to have used the money borrowed from the networkF as the operating fund of a private teaching institute in which he/she runs, i.e., most of the money borrowed from the networkF, and ② the Defendant was regularly earned from D at the time of borrowing money from the networkF, it is insufficient to deem D’s debt as a juristic act with respect to a daily home affairs, and there is no other evidence to

3. In conclusion, the plaintiffs' claims against the defendant should be dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.