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(영문) 서울서부지방법원 2015.01.23 2014나5252
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Defendant’s husband, who is the Defendant’s husband, requested the Defendant to lend money to the Defendant’s account, and that the Plaintiff transferred KRW 14,00,000 to the Defendant’s account.

C used the above money for common life of both spouses, such as monthly rent, and the defendant is the spouse of C with the duty to pay the above borrowed money to the plaintiff on the responsibility of the daily home-based right of representation.

2. The legal act related to a daily home referred to in Article 832 of the Civil Act refers to a legal act which is normally needed for a couple to lead a common life. The contents and scope of the legal act are determined by the community’s living structure, degree and the community’s living place of the couple. In determining whether a specific legal act at issue concerns a couple’s daily home affairs, it shall be determined according to the ordinary social norms by comprehensively taking into account the objective circumstances, such as the kind and nature of the juristic act, and the subjective intent and purpose of the family manager, and actual living conditions of the couple’s social status, occupation, property

In full view of the purport of the entire pleadings in the health account, evidence No. 1, and evidence No. 5 as to the instant case, the Plaintiff may be recognized on May 20, 2009 that the Plaintiff remitted KRW 14,000,000 to the Defendant’s account at the Defendant’s husband’s request on May 20, 2009. However, there is no evidence to acknowledge that C borrowed the above money for daily home life with the Defendant. Thus, the Plaintiff’s assertion is without merit.

(3) If the plaintiff's claim contains the purport of lending the above money to the defendant, the evidence submitted by the plaintiff alone is insufficient to recognize it and there is no other evidence to prove it otherwise). Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair as it is so unfair, and thus, it is revoked.

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