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1. The Defendant’s KRW 4,192,160 as well as the Plaintiff’s annual rate from September 5, 2016 to November 30, 2016, and the following.
Reasons
1. Determination as to the cause of claim
A. (1) From January 9, 2012 to August 2, 2014, the Plaintiff leased KRW 41,015,719,000 to the Defendant several times as shown in the attached lease statement. Therefore, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 41,015,719 and the delay damages therefor. (2) Even if the Defendant is not the borrower, the Plaintiff lent KRW 41,015,719,00 to the Defendant’s husband C several times as described in the attached lease statement from January 9, 2012 to August 2, 2014. Since the above borrowed amount of KRW 3,00,000,000 to the Defendant’s husband, the Defendant is jointly and severally liable.
B. 1) Determination of whether the Plaintiff lent KRW 41,015,719 to the Defendant is not sufficient to acknowledge that the Plaintiff lent KRW 41,015,719 to the Defendant several times as indicated in the attached Form Lease No. 1,012 to August 2, 2014. However, there is no other evidence to acknowledge otherwise. 2) When one side of the married couple jointly and severally liable for the Defendant’s loan obligation to the Plaintiff for daily home affairs with a third party, the other side is jointly and severally liable for the obligation arising therefrom (Article 832 of the Civil Act) (Article 832 of the Civil Act). The term “ordinary family affairs” refers to a juristic act necessary for the general affairs of the married couple’s community, and the specific scope of the juristic act is not only the social status, property and ability of the married couple, but also the specific purpose and condition of the juristic act of the married couple’s daily home affairs, such as the community’s own domestic affairs or the community’s own domestic affairs.