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(영문) 창원지방법원 2015.10.28 2015나1493
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion C borrowed KRW 20 million from the plaintiff for the purpose of helping the purchase fund of the house or promote the defendant who is the husband. The defendant, as the husband of C, is jointly and severally liable for the debt due to the daily home death pursuant to Article 832 of the Civil Act.

Even if not, as C did not pay the above money, the Defendant agreed to pay the above loan jointly and severally to the Plaintiff.

Therefore, the defendant is jointly and severally liable to repay the above loan to the plaintiff C.

B. Determination 1) The Plaintiff’s transfer of the above money to C’s account KRW 15 million on October 31, 2013, and KRW 20 million on November 8, 2013, and lent the above money. At the time, the Defendant was the husband of C, and the fact that the Defendant and C divorced between the parties does not conflict with each other as to the joint and several liability claim for the obligation arising from daily home affairs. 2) As to the joint and several liability claim by the Defendant and C, the legal act on the daily home as referred to in Article 832 of the Civil Act refers to a legal act normally necessary for the common life of the married couple, the contents and scope of the legal act is determined by the community’s life structure, degree, and the community’s living place of the married couple’s living. In determining whether the pertinent specific legal act concerns the daily home life of the said couple, the determination shall be made by comprehensively taking into account the objective circumstances such as the type and nature of the legal act as well as the subjective intent of the person in charge of household affairs and actual social status of the couple.

(See Supreme Court Decision 98Da46877 delivered on March 9, 199). In light of the above legal principles, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that C used the instant loan for the purchase of housing or for the promotion of the Defendant. Rather, it is not sufficient to acknowledge the fact that B used the instant loan for the purchase of housing or for the promotion of the Defendant. The financial transaction information of HF banks in the court of the first instance and the court of the first instance.

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