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(영문) 서울고등법원 2017.01.12 2016나2029119
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The spouse D(E) of the Plaintiff (A, female) and the Defendant (B, male) are those who have worked in the same workplace (E).

B. From December 19, 2006 to October 28, 2011, the Defendant’s spouse C ( female) borrowed a total of KRW 980 million from the Plaintiff on a total of 23 occasions, as shown in the attached Table, and repaid a total of KRW 350 million on 11 occasions, as shown in the attached Table (see attached Table Nos. 1 to 11). Of them, the Defendant’s spouse C ( female) borrowed a total of KRW 980 million from the Plaintiff on a 11-time basis.

The sum of the remaining principal of the tea as of October 28, 201 is KRW 625 million (i.e., KRW 980 million - KRW 350 million), the sum of the remaining principal of the tea as of October 28, 201 (see, e.g., Attached Table Nos. 1 to A11).

(hereinafter the above remaining principal shall be referred to as “the loan of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 3, and 4 (including the branch number, if any, and excluding the case where the branch number is separately stated; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The Plaintiff, as his husband and the Defendant, who was a post-paid employee, was a middle-standing company representative director, was able to receive the instant loan even if he borrowed money. The Plaintiff lent the instant loan to the Defendant and C as a joint borrower.

Therefore, the defendant is jointly and severally liable to repay the above borrowed money to the plaintiff C.

B. Even if the Defendant did not jointly borrow the instant loan with C, as the Defendant agreed to repay the instant loan to the Plaintiff, the Defendant is obligated to pay the Plaintiff the agreed amount KRW 625 million.

C. Although the Defendant’s common rent or repayment agreement is not acknowledged, C, as the Defendant’s wife, borrowed the instant loan from the Defendant to use the “G” store located in Kimpo-si, Kimpo-si (hereinafter “instant G store”), operating expenses, removal expenses, etc. As such, Article 827 of the Civil Act for the purpose of the Plaintiff’s ordinary family life.

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