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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Under the underlying facts, the Plaintiff loaned KRW 25,148,750 in total to B, as stated in the attached Form “B,” by means of depositing money into the Defendant’s corporate bank account at the request of B, or by means of having the Plaintiff purchase the goods with the Plaintiff’s credit card and deliver the goods to B at the request of the Plaintiff at the time of purchase of the goods in Aweweg and to lend money equivalent to the price.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 4 (including virtual numbers), the testimony and the purport of the whole pleadings of the first instance court witness D
2. The assertion and judgment
A. The Plaintiff asserts that, as the Defendant borrowed the above money together with the Defendant, the Defendant C is jointly and severally obligated to repay the borrowed money with the Defendant B.
According to the testimony of the witness of the first instance trial D, the defendant has been several times at the time of the plaintiff's operation at the restaurant, and the defendant has been several times at the time of the plaintiff's operation, and the fact that Eul stated that the plaintiff would pay the plaintiff together with the defendant, and that the plaintiff deposited the bank account in the defendant's name at the plaintiff's request. However, the above fact of recognition alone is insufficient to recognize that the defendant Eul borrowed the above money from the plaintiff with the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.
B. The Plaintiff asserts that, as the Plaintiff borrowed money from the Plaintiff as a daily home company’s right of representation, the Defendant shall jointly and severally repay the borrowed money with B.
The term "legal act concerning daily home affairs" in Article 832 of the Civil Act refers to a legal act which is normally needed for a couple to live a community, and its contents and scope are of the couple's community.