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

Purport of claim and appeal

The first instance court.

A. On March 2, 2012, the Plaintiff asserted that D’s wife is jointly and severally liable with D for the repayment of the above loan, which is a debt due to the domestic affairs, because D’s husband was working as a professor, and D’s wife offered D a loan of KRW 20 million at the interest rate of 18% per annum.

B. The term "legal act concerning daily home affairs" under Article 832 of the Civil Act refers to a legal act concerning the ordinary affairs required in the community of a married couple. The specific scope is not only the social status, property, and revenue capacity of the married couple, but also the custom of the community, which is the place of the living of the married couple. However, in determining whether the specific legal act is a legal act concerning daily home affairs of the married couple, it should be determined not only by the internal circumstance of the married couple community or the individual purpose of the act, but also by the objective type, character, etc. of the legal act.

(Supreme Court Decision 200Da8267 Decided April 25, 2000, etc.) According to each description of evidence Nos. 1 and 2, the plaintiff lent KRW 20,000,000 to D on March 2, 2012.

However, considering the relationship between the Plaintiff and D, the reasons why the Plaintiff lent the instant money to D, the terms and conditions of the lending, and the fact that the amount of the lending is too large to be considered as the lending amount for daily use, it is not sufficient to recognize that D borrowed the said money for communal living with the Defendant only with the entries of subparagraphs 3 through 5 (including each serial number, if any). There is no evidence to acknowledge otherwise.

C. Therefore, the Plaintiff’s claim on the premise that D’s debt owed to the Plaintiff is a debt for daily home affairs is without merit.

2. Conclusion.