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(영문) 서울중앙지방법원 2015.10.20 2014가단5065284
대여금
Text

1. As to Defendant B’s KRW 47,140,00 and KRW 20,140,00 among them, Defendant B’s KRW 47,140,000 from October 11, 2013, and KRW 11,00,000.

Reasons

1. Basic facts

A. The Plaintiff lent to Defendant B a total of KRW 77 million on May 1, 2009, KRW 150 million on May 15, 2009, KRW 11 million on May 15, 2009, and KRW 16 million on February 3, 2010 (hereinafter “instant loan”).

The defendants are married couple.

B. Defendant B repaid the instant loan to the Plaintiff as follows.

Date: (a) KRW 30 million on June 18, 2010; KRW 5 million on October 31, 2012; KRW 5 million on December 1, 2012; KRW 5 million on March 4, 2013; KRW 5 million on March 4, 2013; KRW 5 million on September 30, 2013; KRW 5 million on September 30, 2013; and (b) there is no dispute over the entire entries; (c) KRW 1 through 4, 200 million on September 21, 2014; and (d) each of the entries and arguments made by Party A1 on September 4, 2014;

2. The assertion and judgment

A. 1) The Plaintiff’s assertion was paid interest rate of 2% per month at the time of lending the instant loan to Defendant B. Defendant B borrowed money for the purpose of raising funds necessary for common life among the construction cost operated jointly by the Defendants, i.e., marital life, and this constitutes ordinary family affairs. Therefore, the Defendants are jointly obligated to pay the Plaintiff the remaining principal and interest of the instant loan. (2) The Defendants’ assertion that borrowed money from the Plaintiff is Defendant B, and Defendant B did not pay the interest at the time of borrowing the instant loan from the Plaintiff. Since the principal of the instant loan was fully repaid, the Defendants cannot comply with the Plaintiff’s claim.

B. Determination 1) Whether Defendant C is liable for the repayment of the loan in this case or not is a juristic act related to daily home affairs as referred to in Article 832 of the Civil Act refers to a juristic act related to the ordinary business required in the common life of a married couple. The specific scope is not only the actual living conditions of the married couple community, such as the social status, occupation, property, and revenue capacity, but also the specific juristic act is determined according to the custom of the community, which is the place of the living of the married couple.

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