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(영문) 서울서부지방법원 2017.10.26 2016나38720
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following changes to the reasoning, and thus, it is acceptable as it is by the main text of

2. The changed part

A. The second instance judgment changed the term “a loan,” to the term “a loan was made,” and the loan principal was not repaid after April 13, 2015.”

B. The second part of the judgment of the court of first instance, from 16 to 20, shall be modified as follows.

Next, we examine whether C’s obligation to the Plaintiff is due to ordinary household affairs.

The term "legal act concerning daily home affairs" as referred to in Article 832 of the Civil Act refers to a legal act concerning the ordinary affairs which are needed in the community of the married couple. The specific scope shall be determined not only by the social status of the married couple community but also by the custom of the community which is the place of the living of the married couple. However, in determining whether the specific legal act is a legal act concerning daily home affairs, it shall be determined not only by the internal situation of the married couple community which performed the legal act or by the individual purpose of the act, but also by the objective type, character, etc. of the legal act.

(1) In cases where a couple’s act of borrowing money is performed for the purpose of raising funds necessary for the couple’s community life, it shall be deemed that the couple’s act belongs to the ordinary family life if such act is performed for the purpose of raising funds necessary for the couple’s community life (see, e.g., Supreme Court Decision 9Da46877, Mar. 9, 199). The burden of proof for such act lies in a person who asserts that a couple’s legal act pertains to the ordinary family life.

According to the statements in Gap evidence Nos. 7 and 8, the plaintiff's loan to Eul is deposited in the name of C.

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