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(영문) 춘천지방법원강릉지원 2014.01.16 2013가합686

대여금

Text

1. The Defendants shall jointly and severally serve as KRW 120,000,000 on the Plaintiff and as a result, from July 1, 2009 to June 18, 2013.

Reasons

1. Basic facts

A. The Plaintiff loaned total of KRW 120,000,000 to Defendant B from December 2, 2006 to October 2007.

B. Defendant B purchased from D on August 22, 2007 the above loan the land of Gangnam-si (hereinafter “instant land”). After completing the registration of ownership transfer based on the above sale, Defendant B newly built the studio (hereinafter “the instant studio”) on the ground after completing the registration of ownership transfer based on the above sale, and completed the registration of ownership preservation on January 31, 2008.

C. The Defendants are married couple.

[Ground for Recognition] Defendant B: Defendant C: A without dispute, evidence No. 1-2, and evidence No. 2 of Article 150(3) of the Civil Procedure Act

2. According to the above fact-finding on the claim against Defendant B (the judgment by deemed as a white village), Defendant B is obligated to pay to the Plaintiff 120,000,000 won and damages for delay as above.

3. Determination as to the claim against Defendant C

A. The plaintiff's assertion that the defendant C is the husband of the defendant B, who is the joint obligor for the above loan debt, or the defendant B newly built the room of this case and used the above money for the cost of construction of the room of this case by borrowing it from the plaintiff to live together in the same place, so the defendant C is also liable to pay the above loan in accordance with Article 832 of the Civil Act.

B. The legal act related to a daily home referred to in Article 832 of the Civil Act refers to a legal act which is normally needed for a couple to engage in a common life. The contents and scope of the legal act are determined by the community’s living structure, degree and social norms, which are the place of the life of the couple. In determining whether the specific legal act at issue concerns a couple’s daily home affairs, the subjective intent and purpose of the family manager together with objective circumstances, such as the kind and nature of the juristic act.