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(영문) 서울중앙지방법원 2015.07.01 2015나4237
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff was married with D on September 20, 207, but was married on July 17, 2012 (consultation). Defendant B is the wife of Defendant B, and Defendant C is the wife of Defendant B.

B. Defendant B borrowed KRW 20 million from the Plaintiff for the purpose of preparing a new marriage (lease Deposit) around March 15, 201, where the Plaintiff and D maintained their marital life.

C. The Plaintiff received a total of KRW 3 million from Defendant C, among the above loans.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 2 (including a tentative number), the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the cause of a claim refers to a juristic act which is ordinarily necessary for the common life of a couple. Thus, the contents and scope of a juristic act is determined by the community’s living structure, degree and community’s living place. In determining whether a specific juristic act at issue concerns the common life of the couple, it shall be determined in accordance with the ordinary social norms by comprehensively taking into account the objective circumstances such as the kind and nature of the juristic act, and the subjective intent and purpose of the person in charge of family affairs, and the actual living conditions of the couple’s social status, occupation, property, and revenue capacity (see Supreme Court Decision 97Da3129, Nov. 28, 1997). In addition, if a juristic act at issue is done for the purpose of raising funds necessary for the common life of the couple, it shall be deemed that it belongs to the ordinary family company if it is done for the purpose of raising funds for the common life of the couple, and if it is borrowed with the purchase cost of apartment houses, it shall be deemed that it belongs to the ordinary residential space of the couple (see Supreme Court Decision 97Da97.

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