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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 24% per annum from November 23, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. The defendant is C's spouse.
B. On September 5, 2016, the Plaintiff loaned money to C several occasions, and received each loan certificate of KRW 15 million from C. On November 22, 2018, the Plaintiff drafted a loan certificate stating that the repayment period for KRW 40,000 among the above loans shall be September 30, 2019; interest rate of KRW 2% per month; and interest rate of KRW 1,000,000 (hereinafter “the loan certificate of this case”).
[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence (including paper numbers), the purport of the whole pleadings
2. In light of the determination of the cause of a claim, a juristic act related to a daily home referred to in Article 832 of the Civil Act refers to a juristic act which is ordinarily necessary for a couple’s community to engage in a common life. Thus, the contents and scope of the juristic act are determined by the community’s living structure, degree and the community’s living place of the couple’s living. In determining whether a specific juristic act at issue concerns a couple’s daily home life, it shall be determined according to ordinary social norms by comprehensively taking into account objective circumstances such as the kind and nature of the juristic act, and the subjective intent and purpose of the family manager’s family affairs, and actual living conditions such as the husband’s social status, occupation, property, and revenue capacity. However, if it is for the purpose of raising funds necessary for a couple’s community life, it shall be deemed that it belongs to a family affairs company.
(See Supreme Court Decision 98Da46877 delivered on March 9, 199). In light of the above legal principles, the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the pleadings, are as follows: (a) C entered the instant loan certificate in a private teaching institute, E college entrance, “studio and home appliances”, and (b) the contents unfavorable to C to the Defendant.