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(영문) 울산지방법원 2017.02.14 2016가단15845
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grounds for claim;

A. The defendant is the husband of C.

B. From April 5, 2006 to November 20, 2009, the Plaintiff loaned KRW 72 million to C over ten times in total.

(hereinafter “instant loan”). C.

The Defendant, knowing that C borrowed the instant loan from the Plaintiff, promised to repay the said loan to the Plaintiff.

In addition, pursuant to Articles 827 and 832 of the Civil Act, the defendant shall be jointly and severally liable to repay the loan of this case to the plaintiff pursuant to Article 827 and 832 of the Civil Act

2. Determination

A. According to the purport of Gap's evidence Nos. 1 and Eul's evidence Nos. 2 as to the assertion of a repayment agreement and the whole pleadings, the plaintiff can be acknowledged as having lent KRW 72 million to C who is the defendant's spouse.

However, there is not sufficient evidence to acknowledge that the Defendant promised to repay the instant loan to the Plaintiff with the knowledge of the fact of borrowing funds C by only the statement of the evidence Nos. 1 through 3 (including the serial number), and there is no other evidence to acknowledge it.

The plaintiff's assertion is rejected.

B. Article 832 of the Civil Act provides that when one side of a couple performs a legal act with a third party with respect to a daily home affairs, the other side is jointly and severally liable for the obligations arising therefrom. As such, a legal act related to a daily home affairs as referred to in Article 832 of the Civil Act refers to a legal act which is normally necessary for a couple to engage in a common life, the contents and scope of the legal act are determined by the community’s living structure, degree and social norms, which are the place of the couple’s living. In determining whether the specific legal act at issue concerns the daily home affairs of the couple, the objective circumstances such as the type and nature of the legal act, and the subjective intent and purpose of the family manager, and the social status, occupation, property, and ability of the couple, etc.

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