대여금
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. Basic facts
A. The Defendant, as a legal marital relationship with C, operated rice stores at his/her domicile and divorced from C around October 2014. Meanwhile, the Plaintiff is a person who resides in the vicinity of the Defendant’s domicile.
B. The Plaintiff lent KRW 27,00,000 in total to C on several occasions from December 2, 2008 to December 9, 2013, and lent KRW 4,000,000 to KRW 31,00,000 in total on January 22, 2014.
(hereinafter “instant loan”). C.
C On October 13, 2014, the creditor list included the Plaintiff’s loan claim in this case and filed an application for adjudication of bankruptcy and exemption from immunity (Seoul Rehabilitation Court Decision 2014Hadan10084, 2014, 10084, 2014). Accordingly, the bankruptcy was declared and exemption from immunity was granted on June 28, 2017.
【Ground for Recognition: Facts without dispute, Gap's evidence 1 through 3, Gap's evidence 4-1, 2, and 4, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff C borrowed the instant loan from the Plaintiff for the purpose of the Plaintiff’s educational expenses for children’s marriage or the Defendant’s rice store operation funds.
In accordance with Article 827 of the Civil Act, as a juristic act related to daily home affairs, C has a legitimate right of representation of the defendant, and further, pursuant to Article 832 of the Civil Act, the defendant is jointly and severally liable to pay the loan of this case to the plaintiff
B. The Defendant’s instant loan, regardless of the Defendant, borrows money to prevent the return of the money, and the act of borrowing money does not constitute a juristic act related to daily home affairs.
3. Determination
A. The legal act related to daily home affairs as stipulated in Article 832 of the Civil Code refers to a legal act which is normally needed for a couple to lead a common life. Thus, the contents and scope of the legal act are determined by the community’s living structure, degree and social norms, which are the living place of the couple. In determining whether the specific legal act at issue concerns the common home affairs of the couple in question, the legal act is done.