1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. The defendant and C are married couple.

B. On September 26, 201, the Plaintiff determined C as 2% per interest month the sum of KRW 5 million on September 26, 201, and KRW 10 million on October 18, 19, and March 14, 2012, each of KRW 35 million on March 14, 2012 (hereinafter “instant loan”) and lent the loan to E account in the name of C and Defendant’s father.

The total amount of KRW 20 million transferred to F on October 18, 201 and October 19, 201 was deposited to F on the same day.

C. On November 26, 2017, C prepared and delivered a loan certificate (written confirmation) to the Plaintiff that the Plaintiff would pay KRW 25 million, which was unpaid, out of the instant loans.

On January 13, 2010, the Defendant purchased 1/2 shares of land, such as G orchard 1,063 square meters, in a permanent residence on January 13, 201, and purchased the remaining shares of the said land on June 15, 201.

In addition, on July 27, 201, the Defendant obtained a building permit of 95.48 square meters of housing on the H’s land at permanent residence on September 8, 201, and commenced the construction on September 8, 201, and obtained approval for use on January 31, 2012, and resided with C from September 28, 201 to November 15, 2017.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 12, results of the inquiry of financial transaction information into party E, the purport of the whole pleadings

2. The plaintiff's assertion

A. C requested the Plaintiff, who is the husband, to purchase land in the permanent residence I and newly construct a new house, to lend money, and if the Defendant sold the house located in Yeongdeungpo-gu Seoul Metropolitan Government J, the Defendant would pay the instant loan.

C As above, the Defendant is jointly and severally liable for the instant loan by means of a daily work agency in accordance with Article 832 of the Civil Act, since the instant loan was used to newly construct the above house and purchase the land, which is an essential residential space for maintaining the marital community.

B. Even if not, the Defendant promised to repay the instant loan to the Plaintiff at the Plaintiff’s demand for reimbursement, and thus, C’s loan obligations (performance) against the Plaintiff.