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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination as to the cause of claim
A. On October 16, 2014, the Plaintiff asserted that the Plaintiff lent KRW 5 million (hereinafter “instant loan”) to C, who is the Defendant’s wife, to the Defendant’s account in the name of the Defendant, under the pretext of marriage expenses between C and D, who is the Defendant’s child.
① Even if C did not use the instant loan as a child’s marriage expense, it was inevitable to use the loan for the living expenses of C and the Defendant couple. Therefore, the Defendant, as the husband of C, is jointly and severally liable to repay the instant loan to the Plaintiff with C.
② The Defendant, who directly received the instant loan, is obligated to repay the instant loan to the Plaintiff.
B. 1) We examine whether the Defendant is jointly and severally liable to repay the instant loan to the Plaintiff as a debt related to the daily home affairs. The legal act related to the daily home affairs referred to in Article 832 of the Civil Act refers to a legal act related to the ordinary affairs of the couple’s community, such as the social status, occupation, and property revenue capacity. The specific scope is determined not only by the actual living conditions of the couple’s community, but also by the community customs, etc., which is the place of the couple’s living. However, in determining whether the specific legal act is a juristic act related to the daily home affairs, it should be determined not only by the internal situation of the couple’s community, or by the individual purpose of the juristic act, but also by considering the objective type, character, etc. of the juristic act (see Supreme Court Decision 97Da31229, Nov. 28, 1997). In addition, if it is necessary for the couple’s community life, taking into account the amount of money borrowed, loan purpose, actual disbursement, and other circumstances, it should be deemed as part of ordinary home life.