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(영문) 서울고등법원 2014.07.25 2013나76682
임대차보증금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall be jointly and severally with B to the plaintiff 10 million won.

Reasons

1. On January 17, 201, the Defendant concluded a lease agreement with the Plaintiff (hereinafter “the instant lease agreement”) stating that the Plaintiff and “B shall lease the lease deposit KRW 110,000,000,000,000 won, monthly rent, and from February 23, 2011 to February 22, 2013, as the agent of B, the Plaintiff and “B shall lease the instant apartment” (hereinafter “the instant apartment”).

[Reasons for Recognition] No. 1-1, No. 1-1, No. 1-1, the purport of the whole pleadings

2. Claims for joint liability for the repayment of lease deposit;

A. The plaintiff asserted that the defendant and B leased the apartment of this case to the plaintiff on the ground of the defendant as the representative of B in order to raise the cost of married life, etc., and received lease deposit from the plaintiff and mainly used them for their marital life costs, etc. In this act, the defendant also asserted that the defendant is jointly and severally liable for the obligation to return lease deposit against the plaintiff as to the plaintiff's duty to return the lease deposit, since it constitutes "a father's husband and wife done a legal act with a third party with respect to the daily home affairs."

As to this, the defendant does not constitute a juristic act with respect to daily home affairs, and even if not, the plaintiff concluded a sales contract to purchase the apartment of this case with B, and decided to substitute the payment of the down payment of KRW 110 million as the refund claim for the lease deposit. Thus, the plaintiff's obligation to return the lease deposit against the plaintiff was already extinguished.

B. The standard for determining whether a couple’s daily family affairs falls under a common family affairs refers to a juristic act which is ordinarily necessary for a couple to live a common life. Thus, the contents and scope of a juristic act are determined by the community’s living structure, degree and social norms, which are the place of the couple’s living. The issue becomes the issue.

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