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(영문) 서울고등법원 2016.08.25 2015나2070424
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance regarding the instant case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except as otherwise determined in paragraph (2), since the reasoning of the judgment of the court of first instance regarding the Defendant is the same as that of the judgment of the court of first instance.

(3) Paragraph (4), (2), and (3) shall be amended to paragraph (3).

The 5th 10th 10 copies of the judgment of the first instance added “no grounds” to the following. “The Plaintiff cannot accept the assertion on the same grounds as the Defendant guaranteed B’s obligation for borrowed money.”

2. Additional determination

A. The key point of the Plaintiff’s assertion was that the money borrowed from the Plaintiff was used in the purchase of a house or in the cost of living, including the Defendant’s purchase at the Defendant’s office.

Therefore, since the act of borrowing B is within the necessary scope in order to maintain the family life, the defendant is jointly and severally liable for the debt of B in accordance with the legal principles of daily home sales agency.

B. 1) A juristic act related to daily home affairs as referred to in Article 832 of the Civil Act refers to a juristic act related to the ordinary affairs necessary for a couple's community. The specific scope is determined not only by the actual living conditions of the couple's community, such as the ability to import the social status and property, but also by the custom of the community, which is the place of the couple's living. However, in determining whether the specific juristic act is a juristic act related to daily home affairs, it should be determined by considering not only the internal situation of the couple's community, or the individual purpose of the act, but also the objective type, character, etc. of the juristic act (see, e.g., Supreme Court Decisions 97Da3129, Nov. 28, 1997; 200Da8267, Apr. 25, 200).

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