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(영문) 춘천지방법원 2020.01.22 2017가단54223
대여금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. According to the purport of the written evidence Nos. 4 and 5 as to Defendant B’s lawsuit and the entire pleadings, Defendant B was declared bankrupt by the Seoul Rehabilitation Court on February 18, 2019 when the lawsuit in this case was pending (Seoul Rehabilitation Court Decision 2018Hau48329, 3018, 4829), and Defendant B’s list of creditors submitted by Defendant B in the bankruptcy proceeding at one time as to the Plaintiff’s claim (the amount of claim: 120 million won) including the Plaintiff’s claim in this case. Accordingly, it can be acknowledged that the above list of creditors became final and conclusive due to the Plaintiff’s failure to file the claim.

According to the above facts of recognition, the plaintiff's claim against the defendant B has already been confirmed in the bankruptcy procedure of the defendant B without raising any objection, and the confirmation of the above creditor's list has the same effect as the final judgment, so the plaintiff has no interest to dispute the claim against the defendant B through the lawsuit of this case.

Therefore, the plaintiff's lawsuit against the defendant B is unlawful as there is no benefit of lawsuit.

2. The Plaintiff asserts that Defendant C was a legally married couple with Defendant C, and that Defendant C should be jointly and severally liable with Defendant B, since Defendant B lent the instant money from the Plaintiff to use the said money for household expenses.

Article 827(1) of the Civil Act provides that “A father shall have the right of representation for the daily home affairs.” The term “daily home affairs” refers to ordinary legal acts necessary for both husband and wife to lead a common life. Thus, the contents and scope of the act are determined according to the community’s living structure, degree and social norms, which are the place of life of the husband and wife. In determining whether a specific legal act at issue concerns the daily home affairs of the husband and wife in question, the subjective intent and purpose of the family manager, the social status of the husband and wife, occupation, property, and revenue capacity, etc., together with objective circumstances, such as the kind and nature of the juristic act.

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