(영문) 수원지방법원 2015.03.19 2014나29343

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Reasons

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(영문) 수원지방법원 2015.03.19 2014나29343

대여금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the co-defendant B of the first instance trial.

Reasons

1. Basic facts

A. On June 11, 2008, the Defendant and the co-defendant B (name G before the name of the name of the first instance court) reported divorce on July 11, 2013.

B. From February 10, 2012 to March 13, 2013, the Plaintiff respectively lent KRW 44,545,000,00 in total by means of cash payment and delivery of a loan certificate to B, and received KRW 6,980,00 in total from B, as indicated in the separate sheet, by means of remitting D’s deposit account (Account Number: H) and Yangyang Livestock Cooperative’s deposit account (E; hereinafter “instant account”) as indicated in the separate sheet 1 to 47, and as indicated in the separate sheet 48.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 3, 7, Eul evidence No. 1, Eul evidence No. 1, and the court of the first instance on Nov. 6, 2013, the order for submission of financial transaction information and the results of reply, and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. The gist of the claim is that, as the plaintiff borrowed money from the plaintiff as stated in the separate loan agreement with respect to the daily home affairs of the plaintiff, the defendant asserts that the defendant is jointly and severally liable for the loan obligations of the plaintiff to the plaintiff.

The defendant asserts that B did not use B's borrowed money for daily home affairs.

B. Article 827(1) of the Civil Act provides, “The father shall have the right of representation for each other with respect to the daily home affairs,” and Article 832 of the same Act provides, “If one side effects a legal act with a third party with respect to the daily home affairs of the father, the other side shall be jointly and severally liable for the obligation arising therefrom. However, the same shall not apply where the other party has already expressed that the other party is not liable for the other party’s home affairs.”

In this context, the legal act related to the daily home affairs is usually needed for the couple to live a common life.

참조조문

-민법 제827조 제1항

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