beta
Text
1. Revocation of a judgment of the first instance;
2. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 8,571,428 and the Defendant’s payment thereof on May 25, 2011.
Reasons
1. Facts of recognition;
A. The Plaintiff is a merchant who engages in wholesale and retail business with the trade name of “F” in the E market located in Dongdaemun-gu Seoul Metropolitan Government, and G and C as their wife are a merchant who engages in wholesale and retail business with the trade name of “H” in the same market.
B. From around 2009, G and C borrowed money from the Plaintiff and used money to purchase, or to transport, Cheongbu’s goods. (2) On May 25, 201, the Plaintiff settled the loan amount of KRW 30 million to G and C between G and C, and agreed on May 20, 201 and the interest amount of KRW 200,000 per month.
3) On February 10, 2013, G died and jointly succeeded to the property of G, the Defendant, I, and C, who is the child of G, jointly inherited the property of G. 【The fact that there is no dispute over the grounds for recognition, the entry of evidence No. 1, the testimony of the witness C at the trial, and the purport of the whole pleadings.
2. According to the above facts of recognition, since the network G and C borrowed money from the Plaintiff and used it for the purpose of purchasing audiences, etc., the act of borrowing money from the network G and C can be deemed as a commercial activity conducted for their own business (Article 47(1) of the Commercial Act provides that "the act performed by the merchant on behalf of its business shall be deemed as a commercial activity). Accordingly, the obligation of borrowing money from the network G and C constitutes a joint and several obligation.
(1) Article 57(1) of the Commercial Act provides that “If several persons jointly assume an obligation due to an act that is engaged in a commercial activity, they shall be jointly and severally liable for performance.” Therefore, the Defendant who jointly succeeds to the obligation of the network G shall jointly and severally with C, jointly and severally with the Plaintiff KRW 8,571,428 (30,000 x 2/7, and less than KRW 2/7) equivalent to the 2/7 of the inheritance portion, and the interest payment agreement therefor, from May 25, 2011 until January 2, 2015, which is the date of delivery of the application for modification of the purport of the claim and the cause of the claim of this case, from January 2, 2015, which is the date of delivery of the application for modification of the purport of the claim of this case, and the next day to the date of full payment