대여금
1. Of the judgment of the court of first instance, as to Defendant B’s KRW 65 million and KRW 5 million among them, the judgment of the court of first instance on October 27, 2016 against the Plaintiff.
1. On January 8, 2014, the Plaintiff: (a) determined that Defendant B was due on July 30, 2015; (b) on September 3, 2014, the Plaintiff paid KRW 60,000 to Defendant B as due date; and (c) on September 3, 2015, the Plaintiff provided each of the loans (hereinafter “first loan” and “second loan”) in the order of priority.
On May 7, 2015, the Plaintiff: (a) to the Defendants on May 7, 2015, KRW 94 million due and payable for the payment of KRW 94 million; and (b) was “third lending not exceeding the loan” in May 2
(A) [In the absence of dispute between the parties to the ground for recognition, entry of Gap evidence No. 1-1 to Gap evidence No. 4-2, and the purport of the whole pleadings.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion: (a) Defendant B requested the first lending from the Plaintiff under the pretext of using the Plaintiff’s husband to raise the membership of Defendant C’s sports center; (b) used it for the purpose of repaying the secured debt with respect to the instant housing located in Songpa-gu Seoul, Songpa-gu, Seoul, which is owned by Defendant C, and (c) received the second lending from the Plaintiff to return the deposit to the lessee of the said housing owned by Defendant C.
This is a loan related to the daily household affairs between Defendant B and Defendant C, and Defendant C is jointly and severally liable for the daily household affairs, and thus, Defendant C is jointly and severally liable with Defendant B to repay the first and second loans to the Plaintiff.
Defendant C is liable for the act of expression representation beyond the authority of Defendant B. Thus, Defendant C is jointly and severally liable for the repayment of the first and second loans to the Plaintiff.
B. As to the claim that Defendant C is liable for repayment with respect to the first and second lease, a juristic act related to a daily home as referred to in Article 832 of the Civil Act refers to a juristic act which is normally necessary for a husband and wife to engage in community life. As such, the contents and scope of the legal act refers to the life structure and degree of the husband and wife’s community and the social norms of the community, which are the place of their life.