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(영문) 광주지방법원 2019.11.27 2019가단517577
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts to the effect that, around May 9, 2016, C, the Defendant’s wife, borrowed money of KRW 78,862,787 from the Plaintiff and used it for daily expenses, and thus, C’s act of borrowing money is an act related to daily home affairs. Thus, the Defendant is jointly and severally liable for C’s obligation of borrowing money pursuant to Article 832 of the Civil Act.

However, the evidence presented by the Plaintiff alone used the money borrowed by C from the Plaintiff as the cost of living for common life of both married couple.

It is insufficient to recognize that C’s borrowing act constitutes a juristic act with respect to daily home affairs as prescribed in Article 832 of the Civil Act, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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