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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 2, 2014, C agreed to pay to the Plaintiff KRW 57,500,000 in total of the existing loan and fraternity, and KRW 20,000,00 in total, up to May 31, 2014; and KRW 37,500,000 in total, up to May 31, 2014; and KRW 37,500,000 in total, up to eight months from March 3, 2014.
(hereinafter referred to as the instant agreement). (b)
Although the Defendant was the husband of C, the divorce conciliation was concluded on January 15, 2014 by filing a divorce lawsuit against C.
[Ground of recognition] Gap evidence Nos. 1-3, Gap evidence No. 6, and the purport of the whole pleadings
2. The gist of the plaintiff's assertion ① Regarding (existing) fraternity dues under the agreement of this case, the defendant also has the obligation to return the fraternity dues with C, and ② since all of the (existing) loans and fraternity dues under the agreement of this case were used as living expenses, etc. between the defendant and C, the defendant also is jointly and severally liable to return them with the obligation due to ordinary family affairs. ③ At the time of the agreement of this case, the defendant also has promised to pay the money together with C.
Therefore, the defendant is jointly and severally liable with C to pay the agreed amount of this case and its delay damages, as stated in the purport of the claim.
3. Judgment on the plaintiff's claim
A. As to whether the Defendant was the guidance on the (existing) fraternity under the instant agreement with C, it is insufficient to recognize the fact that each of the items of evidence Nos. 2 and 5-1, 2, 3, 18, 19, and evidence Nos. 7-1 through 4 is difficult to believe or was the guidance of the Defendant, and there is no other evidence to acknowledge it.
B. We examine whether the Defendant is jointly and severally liable to return (existing) loans and fraternity dues under the instant agreement with C by a legal act due to ordinary household affairs.
(1) The term "legal act as to a normal family affairs" in Article 832 of the Civil Act refers to a legal act as to the ordinary affairs required in the community life of both spouses, and its specific scope shall be the society of the married couple community.