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

A. The plaintiff is the husband of C, and the defendant is the husband of D.

B. D, upon having requested C to borrow money, borrowed respectively KRW 50 million on April 15, 2016, and KRW 30 million on October 30, 2017.

(hereinafter referred to as "each of the loans in this case"). 【The grounds for recognition - Nos. 1, 2, 10-1 through 3, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff's assertion that D borrowed each of the loans of this case from the plaintiff as a living fund needed for running a community as a couple's community. The plaintiff asserts that D borrowed each of the loans of this case from the plaintiff, and that it was used for living expenses, card-free card-use expenses, hospital expenses, first, loan operation expenses, revenue-generating expenses, second, the marriage expenses for the children, overseas travel expenses, expenses for the travel of the children, expenses for the skin, and expenses not paid in amount, etc., the borrowing act is a legal act on the ordinary home affairs under Article 832 of the Civil Code, and thus, the defendant is obligated to pay it.

B. (1) Determination is based on Article 832 of the Civil Act, “legal act with respect to one’s family affairs” refers to a juristic act that is ordinarily necessary for common life of both spouses. Thus, whether a juristic act in question concerns one’s daily home affairs ought to be determined by comprehensively taking into account the objective type or nature of the juristic act, the intent and purpose of the person who performed the juristic act, the actual living

(see, i.e., Supreme Court Decision 2014Da58139, Jun. 9, 2016). In a case where the act of borrowing money is performed for the purpose of raising funds necessary for common life of both spouses, taking into account the amount, purpose of borrowing, actual expenditure purpose, and other circumstances, the act of borrowing money belongs to ordinary family affairs (see, e.g., Supreme Court Decision 98Da46877, Mar. 9, 199). However, the burden of proving that the legal act of either side of the couple concerns ordinary family affairs exists.

(2) Such a legal doctrine.