대여금
Defendant B shall pay to the Plaintiff KRW 70,000,000 as well as 12% per annum from August 11, 2020 to the day of complete payment.
1. Through the preparation of the evidence No. 1 (attached Form) No. 1 on December 17, 2014, Defendant B’s claim against Defendant B: (a) confirmed that the Plaintiff borrowed KRW 40,000,000 from the Plaintiff on February 2, 2008, and KRW 30,000,000 from the Plaintiff on December 2, 2014; and (b) there is no dispute between the parties that the creditor agreed to pay the total amount of KRW 70,00,000 on the interest of KRW 70,000 on the aggregate amount as 1% per month; and (c) there is no dispute between the parties.
Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 70,000,000 and damages for delay calculated at the rate of 12% per annum from August 11, 2020 to the date of full payment, which is the day following the day of delivery of a copy of the instant complaint.
2. Claim against Defendant C
A. The Plaintiff asserts that, as seen earlier, KRW 40,000,000 out of the borrowed amount of KRW 70,000,000 was borrowed from Defendant C (the spouse of Defendant B along with the Defendant B).
However, the evidence submitted by the Plaintiff, including the descriptions of Gap evidence Nos. 2 through 4 (including where the number is included; hereinafter the same) is insufficient to recognize the fact of borrowing against the plaintiff by the plaintiff, and there is no other evidence to acknowledge it.
B. Furthermore, the Plaintiff is the husband and wife, and the said cash loan certificate contains the purport that Defendant B borrowed KRW 40,000,000 from the Plaintiff around February 2, 2008 due to the lack of construction costs, as Defendant B left a house on the ground of the north-Gu D at the port of port. This is the husband and wife’s joint liability for the daily house of “house, etc.”.
(i) Defendant C asserts to the effect that he is jointly and severally liable under Article 832 of the Civil Act.
The term "legal act concerning daily home affairs" in Article 832 of the Civil Act refers to a legal act concerning the ordinary affairs required in the community of both spouses. The specific scope is not only the social status, occupation, property, and revenue capacity of the married couple, but also the local community customs, etc. which is the place of the living of the married couple.