1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 19, 2005, the Plaintiff remitted KRW 9,000,00 to the account of C.

B. On October 29, 2014, the Plaintiff filed a lawsuit against C seeking the return of the said money with this Court No. 2014 Ghana43797, on the ground that he/she lent the said money to C, and received the judgment in favor of the Plaintiff.

C. Meanwhile, the Defendant married with C on December 29, 1988, and divorced on April 28, 2008.

[Reasons for Recognition] Gap 2, 3, and 1

2. The assertion and judgment

A. The Plaintiff’s assertion that C is in need of money as the day of the house and lent KRW 9,00,000 to C. As such, the Defendant is jointly and severally liable for the above loan obligation that C bears with respect to the daily home affairs as his spouse at the time of C pursuant to Article 832 of the Civil Act.

Therefore, the defendant is obliged to pay the plaintiff KRW 9,000,000 and damages for delay.

B. Determination 1) Article 832 of the Civil Act provides that when one side of the married couple performs a legal act with respect to the daily home affairs, the other side is jointly and severally liable for the obligation arising therefrom. Thus, if the act of borrowing money is for the purpose of raising funds needed for the common life of the married couple, taking into account the amount of money, loan purpose, actual expenditure purpose, and other circumstances, it shall be deemed that it belongs to the ordinary family affairs (see, e.g., Supreme Court Decision 98Da46877, Mar. 9, 199). However, in the instant case, comprehensively considering the entries and arguments of evidence No. 2 and the purport of the entire arguments, in other words, C immediately withdrawn the total amount of KRW 9,00,000 from the plaintiff on July 19, 205 on the day when C received KRW 9,000,000 from the plaintiff on July 19, 200, C has already received KRW 1000,000 from the plaintiff on July 13.