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1. The Defendant is jointly and severally with C to KRW 16,00,000 and the interest rate of KRW 15% per annum from October 19, 2016 to the date of full payment.
Reasons
1. The parties' assertion
A. The Defendant’s husband C borrowed KRW 30,000,00 from the Plaintiff’s study funds (hereinafter “the instant money”) around July 1999. This constitutes ordinary family affairs and the Defendant is jointly and severally liable as his spouse pursuant to Article 832 of the Civil Act. Thus, the Defendant is jointly and severally liable to the Plaintiff, jointly and severally liable to compensate the Plaintiff for the amount payable, KRW 16,000,000, and delay damages.
B. The Defendant’s assertion is part of the monetary transaction between the Plaintiff and C, and the Plaintiff lent the money to C, and the decision of recommending reconciliation that orders payment of KRW 29,00,000 to C has become final and conclusive in the past lawsuit against C. Therefore, it is unreasonable for the Plaintiff to seek the account payable to the Defendant, which is a part of the instant money.
2. Determination
A. The term "legal act with respect to daily affairs" under Article 832 of the Civil Act refers to a legal act with respect to ordinary affairs necessary for a couple's community life. The specific scope is not only the social status, property, revenue, and ability of the couple's community, but also the custom of the community, which is the place of living of the couple's community. However, in determining whether the specific legal act is a legal act with respect to daily affairs, it shall be determined by considering not only the internal circumstance of the couple's community or the individual purpose of the act, but also the objective type, character, etc. of the legal act (see, e.g., Supreme Court Decision 2007Da7712, Feb. 12, 2009). If it is for the purpose of raising funds necessary for the couple's community life, it shall be deemed that the act with a money borrowed is part of a daily history if it is done for the purpose of raising funds necessary for the couple's community life.
Supreme Court Decision 9 March 9, 1999