The case where the husband recognizes a joint and several liability on the part of the husband with the obligation due to family affairs of the wife.

If the wife borrowed small amount of money over several occasions from a third party who is well aware of such circumstances while engaging in economic activities to raise funds necessary for the purchase of his/her own house, to supplement the shortage of living expenses, or to raise funeral funds, etc., and the husband, who has delivered milk, purchased his/her house thereafter and urged the third party to pay the above amount of money borrowed by his/her wife to do so for the above purpose, it is reasonable to view that the wife borrowed money over several occasions from a third party in light of the above type of common life, occupation and revenue capacity of the couple, and the number and use of each borrowed money from the third party in light of the above purpose of common life of the husband and wife, it is reasonable to deem that the wife borrowed money over several occasions from a third party with respect to daily home affairs.

Article 832 of the Civil Act

Plaintiff

Defendant

Seoul Civil History District Court (84 Ghana8353)

1. Of the original judgment, the part against the plaintiff regarding the part for the plaintiff's use as stated below in paragraph 2 shall be revoked.

2. The defendant shall pay to the plaintiff 1,800,000 won with 25 percent interest per annum from July 19, 1982 to the date of full payment.

3. The plaintiff's remaining appeal is dismissed.

4. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.

5. The above paragraph 2 can be provisionally executed.

The original judgment shall be revoked.

The defendant shall pay to the plaintiff 1,800,000 won with 25 percent interest per annum from November 19, 1981 to the date of full payment.

The costs of lawsuit shall be borne by the defendant in both the first and second instances, and provisional execution shall be declared.

On June 10, 1981, Nonparty 1 received 200,000 won from the Plaintiff on June 10, 1981, 50,000 won on August 16 of the same year, 200 won on August 18 of the same year, and 200,00 won on November 18 of the same year, and 30% on each of the above borrowed facts after 2 months from the date of borrowing, and 9% on each of the above borrowed facts, the Defendant and Nonparty 1 did not dispute between the parties as to the facts of borrowing money from the Plaintiff’s husband and Nonparty 1 and Nonparty 1, as well as on each of the above funds borrowed from Nonparty 1 to the Plaintiff at the time of borrowing money, and the Defendant did not appear to have obtained 90,000 won on the above borrowed money from Nonparty 1’s husband and Nonparty 1’s family members, who were able to obtain 90,000 won on the above funds borrowed from the Plaintiff’s family members.

In addition, on or before July 18, 1982, the Plaintiff received KRW 100,00 from Nonparty 1 as payment of part of principal for the above loan amounting to KRW 200,000 on or after June 10, 1981, and Nonparty 1 joined ten times in the unit of class installment 1,000,000 foot No. 24 unit of class unit of 1,000,000 unit unit of class installments which was voluntarily organized on August 1981 and paid the Plaintiff the above class installment to the Plaintiff on May 1982, and there is no dispute as to the fact that the Plaintiff paid the above class installment to the Plaintiff on or after July 13, 1982 through July 1983 with the completion of the above class installment 648,709,709,900 unit of amount, instead of the parties concerned, on behalf of the parties concerned.

(2) The defendant's agreement between the plaintiff and the non-party 1 that the non-party 1 would accept the plaintiff's above-mentioned obligation for late payment damages of KRW 650,00,00, which is part of the principal of the above principal of the debt of the non-party 1, and the non-party 1 would replace the plaintiff's above-mentioned obligation for late payment damages of KRW 1,80,000, which is eventually the non-party 1's principal amount of the above obligation of KRW 650,000, which is the non-party 1's above-mentioned obligation for late payment damages of KRW 80,00,000, which is the above interest rate of the non-party 1's above obligation of the non-party 1, the non-party 1 and the plaintiff's above-party 1's above obligation for late payment damages of KRW 10,000,000,000 for the above interest rate of KRW 10,000,000.

Therefore, the defendant is obligated to pay to the plaintiff the remaining principal of the debt 1,800,000 (1,90,000-10,000) and damages for delay at the rate of 25% per annum for the plaintiff within the scope of the above agreement from July 19, 1982 to the date of full payment. Thus, the plaintiff's claim for the principal lawsuit is reasonable within the scope of the above agreement, and it is without merit and the remainder of the claim is dismissed. Since the part against the plaintiff as to the part which the plaintiff decided to accept the plaintiff's claim is unfair from the original judgment which dismissed all of these parts of the plaintiff's claim, the plaintiff's appeal shall be accepted only for the above part, and the part shall be revoked, the plaintiff's claim shall be dismissed, and the remaining appeal shall be dismissed without merit, and Article 96 and the proviso of Article 92 of the Civil Procedure Act shall be applied, and the provisional execution declaration shall be attached and it is so decided as per Disposition.

Judges Park Jae-young (Presiding Judge)