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(영문) 서울중앙지방법원 2017.01.23 2016가단5010851
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 36,953,250 and KRW 36,782,720 among them:

B. Defendants B, C, and D are from the network E.

Reasons

1. As to Defendant B, C, and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to Defendant A

A. The plaintiff's assertion that when one side of the couple performs a legal act with a third party with respect to the daily home affairs, the other side is jointly and severally liable for the obligation arising therefrom. Since the credit guarantee agreement of this case is included in the daily home affairs as the purpose of seeking a house for common life of both spouses, the defendant A is jointly and severally liable for the indemnity obligation under the credit guarantee agreement of this case concluded by the deceased E, the husband.

B. The legal act related to a daily home referred to in Article 832 of the Civil Act refers to a legal act which is normally needed for a husband and wife to lead a common life. Thus, the contents and scope of the legal act shall be determined by the community’s living structure, degree, and the community’s social norms, which are the place of the life of the husband and wife. In determining whether a specific legal act at issue concerns a couple’s daily home affairs, it shall be determined in accordance with the ordinary social norms by comprehensively taking into account the objective circumstances, such as the kind and nature of the juristic act, and the subjective intent and purpose of the family manager,

In addition, if the act of borrowing money is for the purpose of raising funds necessary for common life of the married couple, taking into account the amount, purpose of borrowing money, actual expenditure purpose, and other circumstances, it shall be deemed that it belongs to the daily home life if it is for the purpose of raising funds necessary for common life of the married couple. Thus, if such expenses are borrowed as the purchase cost for apartment, if it is for the purpose of raising a residential

(See Supreme Court Decision 98Da46877 delivered on March 9, 1999). C.

The defendant A.

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