1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Factual basis

A. The Defendant is the co-defendant B of the first instance trial (hereinafter “B”).

B. On May 8, 2009, the Plaintiff transferred to B the Plaintiff total of KRW 100 million on two occasions in the securities deposit account (D) in lieu of the Plaintiff’s name, and on March 16, 2010, KRW 50 million in the amount of KRW 10 million in the company bank deposit account (E) in the Plaintiff’s name (E) on five occasions, respectively.

C. B, May 8, 2009, on which the Plaintiff remitted the above KRW 100 million, deposited KRW 99.8 million in the deposit account (F) in the Defendant’s name on seven occasions on May 8, 2009, and deposited KRW 50 million in the above deposit account in the Defendant’s name on March 16, 2010, where the Plaintiff remitted the above KRW 50 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6-9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff lent the sum of KRW 150 million to B as above, but all of the above money was deposited into the account in the name of the Defendant.

B. The Defendant deposited a total of KRW 150 million in the above account at least ten times every five years, with an average of KRW 560,000,000,000 per month, and used them as common living funds such as children’s education expenses, etc., and the Defendant paid part of the interest on the above borrowed money to the Plaintiff.

C. Therefore, since the act of borrowing money from the Plaintiff constitutes a juristic act by one of the married couple with respect to daily home affairs, the Defendant, as the wife B, is jointly and severally liable with the Plaintiff to pay the Plaintiff the sum of the above loan amount of KRW 150 million and the agreed interest.

3. Determination

A. According to Article 832 of the Civil Act, when one side of the married couple performs a legal act with a third party with respect to a daily home affairs, the other side is jointly and severally liable for the obligation arising therefrom. Here, a legal act with respect to a daily home affairs refers to a legal act with respect to the ordinary affairs necessary for the common life of the married couple, and the specific contents thereof.