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(영문) 대전고등법원 2015.07.08 2014나2950

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the first instance, except for adding the judgment, which is described in the following paragraph (2), following the 9th page 18 of the judgment of the first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the additional determination states that the Plaintiff’s act of borrowing the instant money constitutes a juristic act with respect to daily home affairs, even if the Plaintiff lent it to G, it constitutes the scope of the Defendant’s obligation due to a juristic act with respect to daily home affairs. Thus, pursuant to Article 832 of the Civil Act stipulating the joint and several liability with respect to the Defendant’s family’s living expenses, the Defendant is responsible for the repayment of the money equivalent to the amount used for daily home life, such as the cost of living expenses of the Defendant’s family, among the instant money. As seen earlier, the Defendant’s act of borrowing the instant money constitutes a juristic act with respect to the instant money under the name of G, G, H, Defendant’s cell phone charges, Defendant’s cell phone charges, Defendant’s cell phone charges, and apartment house owned and resided by the Defendant (JJ apartment apartment 101 Dong103), and there is no reason to conclude that the Defendant’s act of borrowing the instant money falls under the foregoing office’s public charges, G’s office charges, and G’s expenses were paid for each of the instant apartment, and there were no grounds to be found otherwise.

3. The plaintiff's claim is based on the conclusion.