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(영문) 서울중앙지방법원 2017.08.16 2017가단5332
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 26,700,000 and the interest rate thereon from December 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Upon Defendant C’s request on August 18, 2014, the Plaintiff transferred KRW 1,700,000 to D account, which is the Defendants’ children, KRW 5,000,000 to Defendant B’s account on September 5, 2014, and KRW 20,000,000 to Western Power Co., Ltd. account on September 11, 2014, respectively.

B. Meanwhile, on September 5, 2014, Western Power Co., Ltd. lent KRW 22,440,000 to Defendant C, and received KRW 20,000,000 in the name of C by transfer on September 11, 2014.

C. On May 11, 2016, the Plaintiff: (a) lent the instant money to the Defendants with D’s marriage funds; (b) sent the instant notice to the Defendants with content certification until May 25, 2016; and (c) the said notice reached the Defendants around that time.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, the fact-finding results and the purport of the whole pleadings against Seo-feng Power Co. Ltd.

2. The allegations and judgment of the parties

A. Determination on the cause of a claim 1) When one side of a couple performs a legal act with a third party with respect to a daily home affairs, the other party is jointly and severally liable for the obligation arising therefrom (Article 832 of the Civil Act). In this context, a legal act related to a daily home refers to a legal act ordinarily necessary for a couple to lead a community life. If the act of borrowing money is performed for the purpose of raising funds necessary for the common life of the couple, taking into account the amount, purpose of borrowing money, actual expenditure purpose, and other circumstances, it shall be deemed that the act falls under a common home life (see, e.g., Supreme Court Decision 98Da46877, Mar. 9, 199). According to the above facts and evidence, the defendant C may be deemed to have borrowed the money from the plaintiff to use it as a marriage fund of D, which is a child, and it shall be deemed that it constitutes a common home life for the purpose of raising funds of a couple's community life.

3) Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the total amount of KRW 26,700,000 and the due date for the loan (the instant loan).

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