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(영문) 의정부지방법원 2019.01.09 2017가단119127
대여금
Text

1. As regards Defendant B’s KRW 90,000,000 and KRW 30,000 among them, Defendant B shall be from June 30, 2017 to the date of full payment.

Reasons

1. Claim against the defendant B

A. Since the Plaintiff, from October 27, 2014 to June 9, 2017, lent a total of KRW 90 million to Defendant B, the Plaintiff claimed a loan of KRW 90 million and interest and delay damages thereon against Defendant B.

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C

A. As a wife in a de facto marital relationship with Defendant C, Defendant C borrowed KRW 90 million from the Plaintiff to use the loan money for household affairs, such as household purchase cost and apartment interior construction cost, and the actual amount of the loan was actually used for the aforementioned expenses. As such, Defendant C, who is the husband, is jointly and severally liable with Defendant B in accordance with the legal principles of daily household sales agent under Article 832 of the Civil Act.

B. In light of the determination, Article 827(1) of the Civil Act provides that “A father shall have the right of representation for the daily home affairs,” and “one-day home affairs” in this context refers to the ordinary legal act necessary for both husband and wife to lead a common life. Thus, the contents and scope of the legal act shall be determined according to the community’s living structure, degree and social norms, which are the place of living of the husband and wife. In determining whether a specific legal act at issue concerns the daily home affairs of the husband and wife, the specific legal act at issue shall be determined according to social norms by comprehensively considering the objective circumstances, such as the kind and nature of the juristic act, and the subjective intent and purpose of the family manager, the social status of the husband and wife, occupation, property

In addition, if the act of borrowing money is for the purpose of raising funds necessary for common life of the married couple in consideration of the amount, purpose of borrowing, actual expenditure purpose, and other circumstances, it shall be deemed that it belongs to the daily life.

(See Supreme Court Decision 98Da46877 delivered on March 9, 1999). As to the instant case.

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