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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 137,782,978 and KRW 131,700,000 among the Defendants, from October 23, 2018 to October 2018.
Reasons
1. Basic facts
A. The Defendants are legal couple.
B. On August 31, 2016, Defendant B borrowed KRW 131,700,000 from the Plaintiff as a deposit for housing lease.
C. Defendant B paid the above loan as the lease deposit for D apartment E, which the Defendants leased to reside, and the Defendants completed the move-in report on the said apartment on September 13, 2016 and resided there around that time.
Defendant B lost the benefit of time due to overdue interest, and as of October 22, 2018, the amount of loan obligations under the above loan contract as of October 22, 2018 is 131,70,000 won per principal, 3,352,359 won per normal interest, 2,730,619 won per overdue interest, and 137,782,978 won per total.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 7, and 8's statements, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 137,782,978 of the borrowed amount and KRW 131,70,000 of the principal from October 23, 2018 to November 9, 2018, the agreed interest rate of KRW 5.81% per annum, and the interest rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to May 31, 2019, and the amount of KRW 12% per annum as stipulated in the same Act from the next day to the date of full payment.
B. A claim against Defendant C is filed by one spouse jointly and severally liable for a common family life and one spouse jointly and severally liable for a legal act with respect to a common family life (Article 832 of the Civil Act). The other spouse is jointly and severally liable for the obligation arising therefrom (Article 832 of the Civil Act refers to a legal act which is normally necessary for a husband and wife to engage in a common life. Thus, the contents and scope of the legal act are determined according to the life structure, degree of the husband and wife’s community and the social norms of the community, which are the place of their living.
In determining whether the specific legal act in question is about the daily home affairs of the couple, the decision is made.