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(영문) 수원지방법원 2020.05.27 2019가단576669

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 76,00,000 as well as 12% per annum from February 13, 2020 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Entry of the reasons for the claim as shown in the attached Form of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);

2. As to the claim against Defendant C, the Plaintiff had Defendant B borrow a loan to the Plaintiff for the purpose of using it in the cost of living. Such a loan constitutes a juristic act for the purpose of raising funds necessary for the common life of the Defendants, who are married couple, and thus constitutes a juristic act with respect to daily home affairs, Defendant C, the spouse of Defendant B, is jointly and severally liable with Defendant B for the repayment of the obligation of KRW 76 million to the Plaintiff pursuant to Article 832 of the Civil Act.

However, the evidence presented by the Plaintiff alone is not sufficient to recognize a juristic act such as a loan for consumption, etc. between the Plaintiff and Defendant B as a juristic act with respect to the Defendants’ daily home affairs, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.