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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
According to the evidence submitted by the Plaintiff, the Japanese bank loaned KRW 30,000,000 to B on October 9, 2002 for the purpose of domestic capital, and the Plaintiff acquired a loan claim against B of the Japanese bank through a loan for asset management, and the Defendant is the denial of B.
The plaintiff asserts that the defendant is jointly and severally liable for the repayment of the above loan obligation, since he received a loan from the Japanese bank with respect to daily home affairs.
On the other hand, a juristic act related to daily home affairs as referred to in Article 832 of the Civil Act refers to a juristic act related to the ordinary business which needs in the community of a couple. The specific scope is not only the social status, occupation, property, and revenue capacity of the couple, but also the community customs, etc. which is the place of living of the couple. However, in determining whether the specific juristic act is a juristic act related to the daily home affairs of the couple, it is not necessary to put emphasis on the internal circumstance or the individual purpose of the juristic act, but also on the objective type, nature, etc. of the juristic act.
(See Supreme Court Decision 97Da31229 delivered on Nov. 28, 1997, etc.). In the instant case, while the Japanese bank extended a loan to B with the purpose of using the domestic capital, it is insufficient to recognize that B actually borrowed or borrowed money for the purpose of raising living expenses, etc. solely on the above circumstances, it is insufficient to recognize that B used the money for the purpose of using it for living expenses, etc., and there is no other evidence to acknowledge it. Considering the social status, occupation, property, and revenue capacity of B and the type and nature of legal act, it is difficult to conclude that B’s lending act is ordinarily related to the daily home affairs ordinarily occurred in the marital life.