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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that: (a) on March 31, 2012, the Defendant’s husband, and KRW 2.5 million; (b) on April 20, 2012, KRW 30 million; and (c) on May 2, 2012, KRW 17 million; and (b) on May 3, 2012, KRW 27.5 million were repaid; and (c) on the other hand, KRW 17 million was not repaid; and (d) the Defendant transferred the borrowed money to the Defendant and used it for family expenses; and (e) the Defendant is jointly and severally obligated to repay the remainder of the loan pursuant to Article 832 of the Civil Act.
2. Determination
A. The term "legal act concerning daily home affairs" under Article 832 of the Civil Act refers to a legal act concerning ordinary affairs necessary in the community of a couple. The specific scope is not only the social status of a couple community, property, and revenue capacity, but also the custom of the community, which is the place of the living of the couple. However, in determining whether the specific legal act is a legal act concerning daily home affairs of the couple, it should be determined not only by the internal circumstance of the community where the juristic act was done, or by the individual purpose of the act, but also by the objective type, character, etc. of the legal act.
B. (See, e.g., Supreme Court Decision 2000Da8267, Apr. 25, 2000).
In full view of the following circumstances recognized by the purport of Gap evidence Nos. 1, 2, and 1 and Eul evidence Nos. 1 and the whole pleadings, the plaintiff's act of lending a sum of KRW 4,50,00 to Eul is difficult to be considered as a juristic act related to daily home affairs, and therefore, the plaintiff's assertion is without merit
1 The Plaintiff asserted that C lent KRW 2 million on March 31, 2012 to C, and KRW 2.5 million on April 20, 2012, the Plaintiff merely lent money to C while making a statement that C would pay interest on the interest, while C lends money to it, while C is working expenses of C in a related criminal case.