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(영문) 대구지방법원 2016.12.09 2015가단125170
대여금
Text

1. The Defendant shall jointly and severally with Nonparty B to the Plaintiff KRW 24,767,869 and the Defendant’s payment thereof from December 5, 2013 to November 23, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company established on November 9, 2009 for the purpose of carrying on financial business by proxy, etc., and the Defendant is a B’s wife who was an employee of the Plaintiff from October 201 to March 2014.

B. The Plaintiff filed a lawsuit against the Defendant and B, and the Daegu District Court rendered a judgment on March 26, 2015 that the Plaintiff’s claim for the remainder of the Plaintiff’s claim (non-party claim) and the Defendant’s claim for the loan (excluding the loan amount of KRW 24,767,869 (excluding the loan amount of KRW 46,301 to November 10, 201) and the amount of the loan repayment of KRW 46,301,124 from October 8, 2011 to December 11, 2015; KRW 6% per annum from December 5, 2013 to February 11, 2015; and KRW 20% per annum from the following day to the date of full payment; and all of the judgment that dismissed the Plaintiff’s claim for the remainder of the loan (non-party claim) and the Defendant’s claim for the loan of KRW 507,200,000).

Of the above judgments, the part of winning the Plaintiff’s claim against B was finalized as it is.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 8, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the principal and interest of the plaintiff B in accordance with the above final judgment is jointly and severally liable to the defendant, since the defendant's husband and wife's obligation to borrow the principal and interest of the plaintiff is related to

The defendant does not have any obligation against the plaintiff in B, and there is any obligation in household B.

The defendant asserts that even though he is not aware of his debt, he only used it as the cost of daily household affairs.

B. First of all, the existence of the principal and interest obligation of B against the Plaintiff is as seen earlier, and there is no defendant's proof that the above principal and interest obligation of B was extinguished.

Furthermore, Article 832 of the Civil Code provides that when one of the married couple performs a legal act with a third party with respect to daily home affairs, the other party is jointly and severally liable for the obligation arising therefrom.

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