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(영문) 의정부지방법원고양지원 2015.05.21 2014가단32109
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 as well as 20% per annum from August 23, 2014 to the date of full payment.

Reasons

Facts of recognition

On December 4, 2012, when Defendant B purchased Goyang-gu D apartment 106 Dong 401, Goyang-gu, Yangyang-gu, Yangyang-si, the Plaintiff lent KRW 30,000,000 to Defendant B as the purchase price.

The Plaintiff and Defendant B did not prepare the loan certificate and other documents specifying the maturity at the time of the loan.

[Ground of recognition] The facts without dispute, the purport of the whole argument of the plaintiff as to the purport of the pleading, Defendant B borrowed money from the plaintiff in order to establish the defendant's family place of residence. Thus, Defendant C also bears a joint and several obligation for daily home affairs pursuant to Article 832 of the Civil Code.

Since there was no separate agreement on the repayment period for the instant loan, the repayment period has arrived at least when a copy of the instant complaint was delivered to the Defendants pursuant to Article 387(2) of the Civil Act.

Defendant B’s assertion is recognized to have borrowed KRW 30,00,000 from the Plaintiff, but Defendant C does not bear joint and several liability as a matter between the Plaintiff and the Defendant B.

At the time of the instant lease, the Plaintiff and Defendant B did not mention the loan certificate because they were in the same relationship as the friendship, and as a matter of course, they thought that only three years from the date of the lease, such as the long-term housing mortgage loan, and thereafter, the principal and interest were paid in installments. Therefore, the maturity period has not yet arrived.

In the case of a juristic act related to a daily home referred to in Article 832 of the former Civil Code, the contents and scope of the juristic act refers to a juristic act which is normally necessary for a couple to live a common life. Thus, the contents and scope of the juristic act is determined by the community social norms, which are the living place of the couple. In determining whether a specific juristic act at issue concerns a couple's daily home affairs, it shall be determined by objective circumstances, such as the kind and nature of the juristic act, and the subjective intent and purpose of the couple's family manager, and the social status, occupation,

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