beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. If the basic facts Gap's evidence No. 1 added the purport of the whole pleadings, it is recognized that the plaintiff set up and lent 35 million won to C who was the defendant's wife at the time of February 2, 2004 as interest rate of 1.5% per month and February 2, 2005.
2. Determination on the cause of the claim
A. The plaintiff's assertion that C borrowed the above 35 million won from the plaintiff as a house purchase fund (hereinafter "the loan of this case"), and C also used the above loan as living expenses, the hospital expenses, etc. It is recognized that C also used the loan of this case. Since both the house purchase fund, living expenses, and the expenses of the father's hospital are within the scope of the ordinary family life necessary for the marital community, the defendant, who is the husband, is jointly and severally liable for the above loan of this case.
B. The term "legal act concerning daily home affairs" under Article 827 of the Civil Act refers to a legal act concerning ordinary affairs necessary in the community of the married couple. The specific scope is not only realistic living conditions such as marital community's social status, financial capacity, etc., but also determined according to the custom of the community, which is the place of the living of the married couple. However, in determining whether the specific legal act is a legal act concerning daily home affairs, the specific legal act must be determined not only by the internal situation of the married couple or the individual purpose of the act, but also by the objective type, character, etc. of the legal act.
(See Supreme Court Decision 200Da8267 Decided April 25, 200, etc.). According to the health class, the evidence No. 1 and No. 2 regarding the instant loan, C stated “Housing Purchase Fund” as “A” when drawing up a loan certificate for the instant loan, and at the meeting of creditors held on June 18, 2015 on June 18, 2015, C borrowed several million won as to the instant loan obligation at the meeting of creditors held on June 18, 2015 (Seoul District Court Decision 2014Hadan4804).