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 March 5, 2012, the Plaintiff remitted KRW 13 million to the account under the name of the Defendant, and KRW 5 million on August 9, 2012.

B. On March 4, 2015, the Plaintiff filed an order for payment against C, the Defendant’s wife, seeking the payment of the above KRW 18 million and delay damages therefrom (Seoul District Court Decision 2015 tea296), and received a payment order from the above court on March 4, 2015, and the above payment order was finalized as it is.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff asserts that the defendant, as the direct borrower or as the responsibility for daily household affairs, is responsible for paying the above KRW 18 million to the plaintiff.

On the other hand, in relation to whether the Plaintiff directly borrowed the above KRW 18 million from the Defendant, the fact that the Plaintiff deposited the above money to the Defendant’s account is insufficient to recognize that the Defendant directly borrowed the above money from the Plaintiff, and there is no other evidence to prove otherwise.

Next, it is considered whether the above 18 million won borrowed by C is leased for daily home life, and whether the defendant, who is the husband of C, is jointly and severally liable with C.

The term "legal act with respect to family affairs" under Article 832 of the Civil Act refers to a legal act with respect to the ordinary affairs required in the community of the married couple. The specific scope shall be determined not only by the social status, property, revenue, and ability of the married couple, but also by the custom of the community, which is the place of the living of the married couple. However, in determining whether the specific legal act is a legal act with respect to the ordinary affairs of the married couple, it shall not be more than by the internal circumstance of the married couple community, or by the individual purpose of the act, but also by the objective type, character, etc. of the legal act.