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1. Defendant B’s KRW 135,000,000 and its amount are 25% per annum from April 1, 2008 to July 8, 2015.
Reasons
1. Determination as to the claim against the defendant B
A. The fact of recognition was determined and lent 150,000,000,000 won to Defendant B around October 30, 2007, and 50,000,000 won around December 17, 2007 as interest rate of 3%. Defendant B paid 15,00,000,000 won out of the above loans around March 2008 and did not pay the remainder of the loans and interest. The fact that the Plaintiff paid 15,00,000 won out of the above loans does not conflict between the parties, or that the Plaintiff did not pay the remainder of the loans and interest may be acknowledged in full view of the purport of the entries in the evidence Nos. 1 and 2 as well as the purport of the entire arguments.
B. According to the above facts of determination, Defendant B is obligated to pay the Plaintiff the remainder of KRW 135,00,000 (i.e., 150,000,000 - 15,000,000) and damages for delay at each rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment, to the date of July 8, 2015, the duplicate of the complaint of this case was served on Defendant B.
2. Determination as to the claim against Defendant C
A. At the time of lending the said money by the Plaintiff, the Defendants were married with the Plaintiff, and the Defendants purchased No. 601 of the Seoul Gwangjin-gu Seoul Special Metropolitan City D building, a residence of the Defendants due to the above loan, etc., Defendant C is jointly and severally liable with Defendant B to pay the said loan and the damages for delay to the Plaintiff, depending on the ordinary household agent liability under Article 832
B. In light of the above, a juristic act related to the daily home affairs as stipulated in Article 832 of the Civil Act refers to a juristic act which is ordinarily necessary for a couple to lead a common life. Thus, the contents and scope of the juristic act are determined by the community’s living structure, degree and social norms of the couple’s community. In determining whether a specific juristic act at issue concerns the daily home affairs of the couple, objective circumstances such as the kind and nature of the juristic act are determined.