임대차보증금
1. All appeals filed by the Plaintiff and Defendant B are dismissed.
2. The costs of appeal shall be borne by each appellant.
purport.
1. The grounds for appeal by the Plaintiff and Defendant B based on the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.
Therefore, the reasoning for the court’s explanation on this case is as follows, except for the case where the plaintiff decides on the joint liability of the husband and wife due to the ordinary family life of the husband and wife added by this court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.
2. Determination as to the joint liability of both spouses for their ordinary family affairs
A. The Plaintiff’s assertion (preliminary assertion) even if the parties to the instant lease agreement are acknowledged to be Defendant B, not Defendant C, Defendant C is jointly and severally liable on the basis of the Plaintiff’s obligation arising from the ordinary family life of the husband and wife under Article 832 of the Civil Act, and thus, Defendant C is jointly and severally liable with Defendant B for the obligation to pay rent, etc. under
B. (1) Determination is based on the following facts: (a) a juristic act related to a common home referred to in Article 832 of the Civil Act refers to a juristic act which is ordinarily necessary for a couple to lead a common life; (b) the contents and scope of the juristic act are determined by the community’s living structure, degree, and the community’s living place, which is the place of the couple’s living. In determining whether a specific juristic act at issue concerns the common home of the couple’s daily life, it shall be determined according to social norms by comprehensively taking into account the objective circumstances such as the kind and nature of the juristic act, and the subjective intent and purpose of the
(2) In light of the above legal principles, the health care unit and the facts acknowledged prior to the instant case are set forth in Articles 10 through 10.