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(영문) 의정부지방법원 2018.08.22 2017가단117114
대여금
Text

1. As to Defendant B’s KRW 63,00,000 and KRW 30,000 among the Plaintiff, Defendant B shall be KRW 8,000,000 from May 1, 2017 to the Plaintiff.

Reasons

1. According to the facts stated in Gap evidence Nos. 1 to 4, there is no dispute between the parties to the basic facts, or there is a fact that the plaintiff set the interest rate of the defendant B at 24% per annum and lent a total of KRW 63 million (hereinafter "the loan of this case") as follows:

The amount of temporary interest shall be paid two times until April 12, 2017 (payment up to April 2, 2017) in the amount of KRW 14.5 million (payment up to the period that ends on April 16, 2017) in the amount of KRW 1,4.5 million (payment up to the period that ends on April 16, 2017) and KRW 1,55 million (payment up to the period that ends on April 16, 2016) until January 18, 2017; KRW 8 million until April 10, 2017; KRW 30,000,00 won paid twice until April 10, 2017; KRW 50,000,000 won not paid until April 17, 2017; KRW 307,50,000,000,000 won not paid until April 17, 2017.

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 63 million and KRW 30 million among the above loans from May 1, 2017, KRW 8 million from March 18, 2017, KRW 10 million from April 10, 2017, KRW 5 million from April 3, 2017, KRW 5 million from April 3, 2017, KRW 5 million from March 31, 2017, KRW 5 million from March 31, 2017, and KRW 5 million from April 10, 2017 to the date of full payment.

3. Claim against Defendant C

A. The Plaintiff’s assertion that Defendant B borrowed the instant loan from the Plaintiff is about the husband’s daily home affairs. As such, Defendant C, the husband of Defendant B, is jointly and severally liable for the instant loan obligations.

B. The term "legal act concerning daily home affairs" under Article 832 of the Civil Act refers to a legal act concerning ordinary affairs necessary in the community of a married couple. The specific scope is not only the social status, occupation, property, and revenue capacity of the married couple, but also the community customs, which is the place of the living of the married couple.

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