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(영문) 서울동부지방법원 2017.06.28 2016나26947

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable to the Plaintiff for 60,000,000 won.

Reasons

1. The assertion and judgment

A. The fact that the Plaintiff filed a claim against Defendant C with the Plaintiff (1) around December 27, 2013 that lent KRW 60 million to the Defendant Defendant C, who was the Plaintiff, around December 27, 2013, is not in dispute between the parties, or that the Plaintiff loaned KRW 60 million to the Plaintiff, who was the Plaintiff, to the Defendant C, based on the overall purport of the pleadings as a whole.

Therefore, Defendant C is obligated to pay the Plaintiff the above loan amounting to KRW 60 million and damages for delay, barring special circumstances.

As to this, Defendant C alleged that D and E joined the fraternity (F) and repaid the Plaintiff KRW 40,910,000 to the Plaintiff with the limit money. However, each of the descriptions of subparagraphs B through B and B’s subparagraphs 1 through 3 are insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, Defendant C’s above assertion is without merit.

(2) The plaintiff filed a claim against the defendant B, and the above 60 million won loaned to the defendant C was used for the loan for the purpose of the defendant's community life. Thus, the defendant C, the husband of the defendant C, is liable to pay the above money jointly with the defendant C.

(A) The Defendant B, as the husband of the Defendant C, is jointly and severally liable for the obligation due to the ordinary family life. According to the evidence adopted earlier, the Defendants are married couple, and Defendant B, on November 18, 2013, entered into a lease agreement with respect to H building in Gwangjin-gu Seoul Special Metropolitan City and 101 for the purpose of residing in the Defendants’ family members, and on December 27, 2013, Defendant C borrowed KRW 60 million from the Plaintiff, the same spouse, around December 27, 2013, and paid as part of the deposit under the above lease agreement.

As above, the act of borrowing KRW 60 million from the plaintiff in order to use the defendant C to establish a residential space essential for maintaining a marital community is ordinarily necessary for the defendant's husband and wife to run a marital life, and is an ordinary home life stipulated in Article 832 of the Civil Act.

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