1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. On September 2014, Defendant C requested that the Plaintiff “a vehicle needs to be leased KRW 10,00,000,000,000,000,000 to be deposited in the name of Defendant B, the husband, and the deposit should be made in Defendant B’s account.”

Accordingly, on September 24, 2014, the Plaintiff transferred KRW 10,000,000 to Defendant B’s account.

B. The Defendants used approximately KRW 5,900,000 among the money remitted from the Plaintiff to purchase a heavy vehicle under Defendant B’s name, and used the remainder for the cost of living.

[Ground of recognition] The entry of Gap evidence No. 1, the result of the party's personal examination against the plaintiff, the purport of the whole pleadings

2. Determination

A. (1) According to the above facts of recognition, Defendant C is obligated to pay the Plaintiff the borrowed amount of KRW 10,000,000.

(2) In addition, considering that the Defendants used approximately KRW 4,100,000 for daily expenses, vehicles are one of the essential goods in daily life in the modern society, the transfer of KRW 10,000 to Defendant B’s account, and the amount of the loan is not expected to be a large amount, it is reasonable to deem that Defendant C borrowed KRW 10,000,000 from the Plaintiff as a juristic act for daily home affairs.

Therefore, pursuant to Article 832 of the Civil Act, Defendant B is jointly and severally liable for the obligation to borrow money borrowed by Defendant C.

(3) The Defendants are jointly and severally liable to pay to the Plaintiff KRW 10,00,000 and the Defendant C with respect thereto, from June 29, 2015, the day following the delivery date of the instant complaint, and Defendant B, from July 6, 2015, the day following the delivery date of the instant complaint, to July 13, 2016, a considerable dispute over the existence and scope of each Defendants’ performance obligation. 5% per annum as prescribed by the Civil Act until July 13, 2016, and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from July 14, 2016 to the day of full payment.

The plaintiff shall pay interest or delay damages from September 25, 2014, which is the day following the lease date.