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(영문) 창원지방법원진주지원 2015.07.14 2015가단2375
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was the husband and wife under the law with the Nonparty’s net C, and the deceased on September 17, 2010.

B. The Plaintiff loaned the net C KRW 10,00,000,000 on October 18, 2002, to the deceased C at the maturity of October 18, 2008 and at the rate of 1.5% per interest month. ② On July 14, 2004, the Plaintiff loaned the amount of KRW 10,000,000 on June 30, 2005 and the amount of KRW 1.2% per interest month.

(hereinafter “each of the instant loans”). C.

The Plaintiff, while lending each of the instant loans to the network C, prepared the network C and the loan certificate, and each of the above loan certificates is only written with the network C’s personal information, but is not entirely written with the Defendant’s personal information.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant jointly borrowed each of the loans in this case from the deceased C, and thus, the defendant is obligated to repay the above loans as the principal debtor, and even if the defendant did not jointly borrow each of the above loans with the defendant, the defendant borrowed each of the above loans from the "D" operating funds operated jointly with the defendant under the name of the family fund or the defendant. Thus, the plaintiff's assertion that the other defendant is jointly and severally liable for the remainder of the loans in this case because the plaintiff's one side borrowed money with respect to daily home affairs.

3. Determination

A. We examine the determination on the joint borrower’s assertion, the evidence submitted by the Plaintiff, and the result of the Plaintiff’s personal examination alone are insufficient to acknowledge that the Defendant borrowed each of the instant loans jointly with the deceased C, and there is no other evidence to acknowledge this otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

B. The legal act related to daily home affairs as referred to in Article 832 of the Civil Act, which determines joint liability based on a common home life, refers to a juristic act ordinarily necessary for a couple to engage in community life. Therefore, the contents and scope thereof shall be the life of the couple’s community.

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