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1. Defendant B’s KRW 21,00,000 and annual 20% from July 22, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 2012, the Plaintiff lent KRW 4.5 million to Defendant B in cash, and between February 24, 2013 and April 20, 2013, the Plaintiff lent KRW 12.3 million to Defendant C’s Daegu Bank account, the husband of Defendant B, respectively.
B. Defendant B, on June 20, 2013, issued to the Plaintiff a certificate of borrowing KRW 21 million with the purport of borrowing KRW 21 million.
C. From August 13, 2013 to September 12, 2013, the Plaintiff leased KRW 3750,000 to Defendant C by means of transferring it to Defendant C’s Daegu Bank account.
[Grounds for recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 21,000,000 borrowed money and the amount of delay damages at the rate of 20% per annum from July 22, 2015 to September 30, 2015, which is the day following the delivery of a copy of the instant complaint, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and at the rate of 15% per annum from the next day to the day of full payment.
As to this, Defendant B alleged to the effect that it is null and void because the Plaintiff lent the above money with the gambling fund. However, there is no evidence to acknowledge this, the above assertion by Defendant B is without merit.
B. The Plaintiff asserts that Defendant B borrowed money from the Plaintiff for the opening of the Plaintiff’s pharmacy and marriage expenses, which is the second child of the Plaintiff’s husband, and this belongs to ordinary family affairs. As such, Defendant C, the husband, is jointly and severally liable for the above borrowed money.
The term "legal act with respect to daily home affairs" in Article 832 of the Civil Act refers to a legal act with respect to ordinary affairs necessary for a couple's community. The specific scope is not only the actual living conditions of the couple's community such as social status, occupation, property, and revenue capacity, but also the community customs, which is the place of life of the couple's community.