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1. Defendant B shall pay to the Plaintiff KRW 52,00,000 and the interest rate of KRW 15% per annum from December 22, 2015 to the date of full payment.
Reasons
1. The fact that the plaintiff filed a claim against the defendant B with the defendant B with the account under the name of his spouse C on March 26, 2005, KRW 5,000,000 on May 26, 2005, KRW 5,000,000 on July 22, 2005, KRW 10,000 on September 5, 2005, KRW 10,000 on September 10, 2005, KRW 10,000 on November 4, 2005, KRW 10,000 on November 16, 2006, KRW 10,000 on January 16, 200, KRW 200 on June 9, 2006, KRW 5200,00 on the loans between the parties concerned.
Therefore, Defendant B is obligated to pay to the Plaintiff 52,00,000 won and damages for delay calculated at the rate of 15% per annum from December 22, 2015 to the day of complete payment, which is the day following the delivery of a copy of the claim and the application for modification of the cause of the claim in this case that the Plaintiff seeks payment after the above lending date.
2. The plaintiff asserted that the defendant C is jointly and severally liable with the defendant C, since the plaintiff borrowed the above money for the purpose of ordinary family affairs of the defendants, who are the married couple.
Article 832 of the Civil Act Article 832 (Joint Liability for Obligations with respect to Family Affairs) If one side of the married couple has engaged in a legal act with respect to daily home affairs with a third party, the other party shall be jointly and severally liable for such obligation.
However, this provision shall not apply if it has already been indicated that the other party is not liable to the third party.
The term "legal act concerning daily home affairs" refers to a legal act concerning the ordinary affairs needed in the community of the married couple. The specific scope is not only the social status, property, and revenue capacity of the married couple community, but also 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 is not only the internal situation of the married couple community which has performed such legal act but also the individual purpose of such act.