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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff, which caused the Plaintiff’s claim, lent a total of KRW 182,90,000 to C and the Defendant, its wife, from October 9, 2014 to January 6, 2015.
Therefore, the defendant is jointly and severally liable with C to pay 182,90,000 won and damages for delay.
2. (1) Determination (1) The term "money loan contract" is a contract formed by which the creditor agrees to transfer the ownership of the money to the debtor and the debtor agrees to return it to such amount as above (Article 598 of the Civil Act). In order to establish such a contract, the due date, interest rate, etc. in the case of a loan for consumption
(2) According to the statement in Gap evidence No. 1, while lending money to Eul, the plaintiff transferred money to the head of Tong under the name of the defendant for five times (6 million won as of October 9, 2014, KRW 3 million as of November 15, 2014, KRW 60 million as of December 3, 2014, KRW 40 million as of December 7, 2014, and KRW 40 million as of December 7, 2014). However, there is insufficient evidence to acknowledge that the above circumstance alone concluded a monetary loan contract with the plaintiff, and there is no other evidence to prove otherwise.
(3) The Plaintiff asserts that the Defendant may use the money borrowed from the Plaintiff as operating funds or living expenses of the Defendant-managed shop, which is operated by the Defendant, and that this shall be decided as the assertion of the daily home sales agency under law.
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 a couple. The specific scope is not only the social status, property, revenue, and ability of the couple community, but also the custom of the community, which is the place of the living of the couple. However, in determining whether the specific legal act is a legal act with respect to the daily affairs of the couple, it is not necessary for the community in which the legal act was done or for the individual purpose of the act.