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1. Defendant B shall pay 89,950,000 won to the Plaintiff and 15% per annum from June 20, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. On June 21, 2016, the Plaintiff lent KRW 20 million to Defendant B, and around that time, from around April 24, 2018 to April 24, 2018, the Plaintiff lent KRW 89,950,000 (hereinafter “instant loan”) to Defendant B without setting the due date or interest.
B. Defendant C and Defendant B are married couple who reported marriage on February 18, 2014.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), Eul evidence 6, the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff 89,950,000 won of the instant loan and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 20, 2018 to the day of complete payment, which is the day following the delivery date of a copy of the instant complaint.
3. Determination as to the claim against Defendant C
A. The summary of the Plaintiff’s assertion 1) The Defendant C bears a joint and several liability with respect to the instant loan on a daily basis. 2) The Defendant C, in collusion with the Defendant B, obtained the instant loan without intent or ability to repay, thereby bearing joint tort liability.
B. The legal act related to the daily home affairs as stipulated in Article 832 of the Civil Act, which is a judgment on the assertion of common home affairs, refers to a juristic act ordinarily necessary for a couple to lead a common life. Therefore, the contents and scope thereof shall be determined by the community’s living structure, degree, and the social norms of the couple’s living place. In determining whether a specific legal act at issue concerns the daily home affairs of the couple, the subjective intent and purpose of the family manager, together with objective circumstances such as the kind and nature of the juristic act, and the social status, occupation, property, and revenue capacity of the couple, shall be comprehensively considered.