logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.11.15 2012가단36724
대여금등
Text

1. Defendant B’s KRW 30,000,000 as well as 30% per annum from June 5, 2011 to November 23, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B and C are legally married couple who completed a marital dismissal on September 28, 2001.

B. On April 6, 2007, Defendant B prepared a loan certificate stating that “Defendant B borrowed KRW 30 million from the Plaintiff as the daily living expenses for the household (hereinafter “instant loan”) at 2.5% per interest month, but if the Plaintiff requests repayment one month prior to the Plaintiff’s request, Defendant B shall repay the said loan.”

C. On May 5, 2011, the Plaintiff requested Defendant B to repay the instant loan.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 30 million for the instant loan and the amount calculated at the rate of 30% per annum per annum from June 5, 2011 to November 23, 2012, which is the delivery date of a copy of the instant complaint, from June 5, 2011, when one month has passed since the Plaintiff requested repayment, and the amount of money calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion that Defendant B used the instant loan for the purpose of running a common life of both spouses. As such, Defendant C is jointly and severally liable due to a daily death pursuant to Article 832 of the Civil Act, and is jointly and severally liable with Defendant B, and is jointly and severally liable to pay the above KRW 30 million and delay damages therefor.

B. The legal act related to a daily home referred to in Article 832 of the Civil Act refers to a legal act which is normally needed for a couple to lead a common life. Thus, 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 life of the couple. In determining whether the specific legal act at issue concerns the daily home of the couple, it is an objective circumstance such as the kind and nature of the legal act.

arrow