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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the creditor of the non-party C, and the defendant is the husband of the defendant C.
B. 1) The Plaintiff, on April 9, 2002, lent to C a total of KRW 145 million as interest rate of KRW 1.5% per month (hereinafter “each of the instant loans”). The Plaintiff, on March 14, 2003, KRW 20 million as well as KRW 50 million as of August 30, 2004, and KRW 145 million as of October 3, 14 of the same year (hereinafter “each of the instant loans”).
2) On June 27, 2006, 200,000 won, 200,000 won, 200,000 won
7. 25.3 million won, 31.2 million won for the same month, 31.2 million won for the same year, 10.31.1 million won for October 31 of the same year, and 2 million won for the same year on January 4, 2007;
3. 30.2 million won, and the same year.
4. 30.2 million won, and the same year.
5. 30.21 million won, and the same year.
7.2.2.2 million won, and the 31.2 million won of the same month, respectively.
3) On April 11, 2013, the Plaintiff filed a lawsuit against C seeking the remainder of loans, and received a judgment that “C shall pay the Plaintiff KRW 133,582,190 and any delay delay damages therefrom,” and the purport of the entire pleadings and arguments.
2. The plaintiff's assertion and judgment
A. The claim 1) The plaintiff asserts that the purpose of the claim is to prepare for agreement necessary for the resolution of the children's accident, study expenses, and living expenses at the time of borrowing the above money from the plaintiff. Thus, it constitutes a case where one of the married couple does a legal act with a third party with respect to daily home affairs, and thus the other spouse is jointly and severally liable for the above loan obligations. (2) The "legal act related to daily home" under Article 832 of the Civil Act means a legal act related to the ordinary affairs required in the community of the married couple. The specific scope is not only the social status, property, revenue, and ability of the married couple, but also the specific legal act is a legal act related to the daily home affairs.