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(영문) 서울중앙지방법원 2017.04.06 2015가단180314
대여금
Text

1. Defendant B’s interest rate of KRW 23,487,80 and KRW 23,420,00 among the Plaintiff shall be from June 2, 2015 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(However, the Defendants are limited to Defendant B). (B)

Applicable provisions of Acts: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C

A. 1 Determination as to the primary cause of claim 1) The summary of the Plaintiff’s assertion is only Defendant B (hereinafter referred to as “B” in paragraph 2)

B and Defendant C (hereinafter referred to as “Defendant” in subsection B) are only referred to as “Defendant”.

30 million won (hereinafter “instant money”) at the hospital’s expense within the scope of a couple’s daily family life (hereinafter “instant money”).

As long as the funds in this case are used for the defendant's hospital expenses and living expenses, the borrowed funds in this case are acts related to the defendant's daily living expenses. Thus, pursuant to Article 832 of the Civil Act, the defendant is jointly and severally liable for the debts payable 2,3420,000 won out of the funds in this case under Article 832 of the Civil Act (A). According to Article 832 of the Civil Act, when one side performs a legal act with a third party with respect to the daily home affairs, the other party is jointly and severally liable for the debts arising therefrom. The legal act concerning the daily home affairs in this context refers to not only the actual living conditions of the couple's community such as the income of the social status and property, but also the specific scope is determined by the custom of the community, which is the living place of the couple's living, and the specific legal act should also be determined by considering not only the internal situation or purpose of the act, but also the objective type and purpose of the act, such as borrowing money (see, e.g., Supreme Court Decision 2007Da2727.

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